Assault on Pregnant Person in Corpus Christi: Defending Against Enhanced Charges That Can Change Your Life

A domestic dispute is always serious. But when the alleged victim is pregnant, the stakes become exponentially higher. Under Texas law, assault against a pregnant person carries enhanced penalties that can turn a misdemeanor into a felony, increase potential prison time, and trigger mandatory family violence designations that affect custody, firearm rights, and your future. A single allegation—even one that is exaggerated or false—can result in years in prison, a permanent felony record, and the loss of fundamental rights. When you are facing charges of assault on a pregnant person, you need a defense attorney who understands the gravity of the accusation and will fight to protect your freedom, your family, and your future.

At Barton & Associates, Attorneys at Law, we defend individuals throughout Corpus Christi and the Coastal Belt who are charged with assault on a pregnant person. Whether the allegation arose from a domestic dispute, a misunderstanding, or a false accusation, we provide the aggressive, knowledgeable representation you need to protect your rights. With extensive experience in the Nueces County criminal courts, we guide our clients through every stage of the defense process.

Understanding Assault on a Pregnant Person

Under Texas law, assault on a pregnant person is not a separate crime, but rather an enhancement of the offense of assault. When the alleged victim is pregnant, the assault is elevated to a higher level of offense with more severe penalties.

The offense applies when a person commits assault against another person whom the actor knows is pregnant at the time of the offense. The knowledge requirement is critical—the state must prove that you knew or should have known the person was pregnant.

The enhancement applies to all forms of assault:

• Assault causing bodily injury: Intentionally, knowingly, or recklessly causing bodily injury to another

• Assault by threat: Intentionally or knowingly threatening another with imminent bodily injury

• Assault by offensive contact: Intentionally or knowingly causing physical contact with another that is reasonably offensive or provocative

How Pregnancy Enhances the Penalties

The presence of pregnancy significantly increases the severity of the offense:

Simple Assault

• Standard simple assault: Class A misdemeanor (up to 1 year in jail, up to $4,000 fine)

• Assault on a pregnant person: Third-degree felony (2 to 10 years in prison, up to $10,000 fine)

Assault Causing Bodily Injury (with prior family violence convictions)

• Standard: Third-degree felony (2 to 10 years)

• Assault on pregnant person with prior family violence: Second-degree felony (2 to 20 years)

Continuous Violence Against the Family

• Standard: Third-degree felony (2 to 10 years)

• Involving a pregnant person: Enhanced to second-degree felony (2 to 20 years)

Why the Legislature Created This Enhancement

The Texas Legislature made assault on a pregnant person a felony because of the unique vulnerability of pregnant individuals and the potential harm to both the parent and the unborn child. The law recognizes that:

• Two victims are at risk: Both the pregnant person and the unborn child face potential harm

• Injury to a fetus is a serious offense: Even if the fetus is not yet viable, harm to a pregnancy is treated seriously

• Pregnancy creates heightened vulnerability: Pregnant individuals may be less able to defend themselves

• Deterrence is critical: The enhanced penalties are intended to deter violence against pregnant persons

How These Charges Arise

Assault on a pregnant person charges typically arise in specific contexts:

Domestic Disputes

The most common context is domestic disputes between intimate partners. An argument escalates, physical contact occurs, and the person is charged with assault. If the alleged victim is pregnant, the charge is elevated to a felony.

Disputes About the Pregnancy

In some cases, disputes may arise about the pregnancy itself—paternity disputes, disagreements about continuing the pregnancy, or conflicts about the relationship. These disputes can escalate into physical altercations.

Defensive Reactions

Sometimes, a person may use force to defend themselves. If the other person is coming toward them, they may push them away. If that person is pregnant, the person defending themselves may face felony charges—even if they were acting in self-defense.

False Allegations

Unfortunately, false allegations of assault are not uncommon, particularly during divorce or custody disputes. Alleging that the assault occurred while the person was pregnant can be a powerful tool in gaining leverage in family court.

Defending Against Assault on a Pregnant Person Charges

A strong defense can mean the difference between a felony conviction and an acquittal. Common defense strategies include:

Challenging Knowledge of Pregnancy

The state must prove that you knew or should have known the person was pregnant at the time of the alleged offense. Defenses include:

• You did not know the person was pregnant

• The pregnancy was not visible or apparent

• You were not told about the pregnancy

• The person was not actually pregnant at the time of the alleged offense

Challenging the Assault Allegations

Your attorney may challenge:

• Whether the alleged assault occurred at all

• Whether you acted intentionally, knowingly, or recklessly

• Whether the alleged contact was accidental

• Whether the alleged victim’s account is credible

Self-Defense

If you acted in self-defense, you may not be guilty. Self-defense requires that:

• You reasonably believed you were in imminent danger of bodily injury

• You used only the amount of force necessary to protect yourself

• You did not provoke the confrontation

In cases where the other person was the initial aggressor, self-defense may be a complete defense—even if the person was pregnant.

Defense of Others

Similarly, you may have the right to defend another person who was in danger.

False Allegations

If the allegations are false, your attorney can investigate and present evidence of:

• Inconsistencies in the alleged victim’s statements

• Motives to lie (divorce, custody disputes, jealousy)

• Witness testimony contradicting their account

• Evidence of prior false allegations

• Text messages, emails, or social media posts showing the alleged victim’s state of mind

Medical Evidence

Medical records can be critical in assault cases. Your attorney will obtain:

• Emergency room records

• Physician notes

• Photographs of any injuries

• Medical opinions about the cause of any injuries

If there are no medical records documenting injuries consistent with an assault, that may support your defense.

The Consequences of a Conviction

A conviction for assault on a pregnant person carries severe consequences:

Criminal Penalties

• Prison time: Two to ten years (or two to twenty years for enhanced offenses)

• Fine: Up to $10,000

• Probation: In some cases, community supervision may be available, but often with strict conditions

Family Violence Designation

Assault on a pregnant person is classified as a family violence offense when it occurs between family members, household members, or persons in a dating relationship. This designation triggers additional consequences:

• Loss of firearm rights: A family violence conviction results in loss of the right to possess firearms under both state and federal law (Lautenberg Amendment)

• Child custody presumption: A finding of family violence creates a presumption that the abusive parent should not have custody or unsupervised visitation

• Protective orders: The court may issue a protective order restricting your contact with the alleged victim

• Immigration consequences: For non-citizens, a family violence conviction can result in deportation

Collateral Consequences

Beyond the criminal penalties, a conviction can affect:

• Employment: Many employers will not hire individuals with violent felony convictions

• Professional licensing: Licensing boards may deny or revoke licenses based on violent felony convictions

• Housing: Landlords often deny rental applications to individuals with felony records

• Military service: A felony conviction results in separation from military service

• Reputation: The stigma of a conviction for assault on a pregnant person can damage personal and professional relationships

Protective Orders and Bond Conditions

When you are charged with assault on a pregnant person, the court will typically impose strict bond conditions, including:

• No contact with the alleged victim: This includes in-person, phone, text, email, and social media contact

• Surrender of firearms: You may be required to turn over any firearms you possess

• GPS monitoring: You may be required to wear a GPS ankle monitor

• No alcohol or drugs: You may be required to submit to testing

• No contact with the unborn child: The order may specifically prohibit contact related to the pregnancy

Violation of these conditions can result in revocation of bond and additional time in jail.

The Assault on Pregnant Person Case Process

Understanding the process can help you navigate your case:

Step 1: Arrest

If law enforcement responds to a domestic dispute and believes that assault occurred, they will make an arrest. If the alleged victim is pregnant, the charge will be elevated to a felony.

Step 2: Filing of Charges

The district attorney reviews the case and decides whether to file formal charges. Given the seriousness of the offense, charges are often filed even when the alleged victim does not want to cooperate.

Step 3: Arraignment

At arraignment, you are formally advised of the charges and enter a plea (usually not guilty). The court sets bond conditions, which often include no contact with the alleged victim and surrender of firearms.

Step 4: Protective Order Hearing

A protective order hearing may be held separately from the criminal case. At the hearing, the alleged victim seeks a protective order that can last up to two years. You have the right to be represented by counsel and to present evidence.

Step 5: Discovery

Your attorney obtains discovery from the prosecutor, including:

• Police reports

• Witness statements

• 911 call recordings

• Medical records

• Body camera footage

• Photographs

• Evidence of pregnancy

Step 6: Negotiation

Your attorney negotiates with the prosecutor to seek a favorable resolution. Options may include:

• Dismissal of charges

• Reduction to a lesser offense (simple assault without the pregnancy enhancement)

• Deferred adjudication

• Pretrial diversion

Step 7: Trial

If no agreement is reached, the case proceeds to trial. You have the right to a jury trial. The state must prove each element of the offense beyond a reasonable doubt, including that you knew the person was pregnant.

Frequently Asked Questions About Assault on a Pregnant Person

What is assault on a pregnant person in Texas?

It is an enhancement of the assault statute that applies when the alleged victim is pregnant. The enhancement raises the offense from a misdemeanor to a felony.

Is assault on a pregnant person a felony in Texas?

Yes. Assault on a pregnant person is a third-degree felony, punishable by two to ten years in prison. If there are prior family violence convictions, it can be a second-degree felony with two to twenty years in prison.

Can I go to jail if the alleged victim was pregnant but I did not know?

The state must prove that you knew or should have known the person was pregnant. If you genuinely did not know, and the pregnancy was not apparent, you may have a defense.

What if the alleged victim was not actually pregnant?

If the person was not pregnant at the time of the alleged offense, the pregnancy enhancement does not apply. Your attorney can obtain medical records to verify or disprove the pregnancy.

Can I lose my guns for assault on a pregnant person?

Yes. If you are convicted of assault on a pregnant person in a family violence context, you will lose your right to possess firearms under federal law. This applies even if the offense did not involve a weapon.

How does assault on a pregnant person affect child custody?

A finding of family violence creates a presumption that the abusive parent should not have custody or unsupervised visitation. This presumption can be overcome with evidence of rehabilitation.

What is the difference between simple assault and assault on a pregnant person?

Simple assault is generally a Class A misdemeanor. Assault on a pregnant person is a third-degree felony. The key difference is the pregnancy of the alleged victim.

Can I get probation for assault on a pregnant person?

In some cases, yes. Deferred adjudication or probation may be available, particularly for first-time offenders and when the circumstances are mitigating. However, probation conditions are often strict.

What should I do if I am falsely accused of assault on a pregnant person?

Do not speak to law enforcement without an attorney. Gather any evidence you have, including text messages, emails, and witness information. Contact an experienced criminal defense attorney immediately.

Do I need an attorney for assault on a pregnant person charges?

Yes. Assault on a pregnant person is a felony that can result in years in prison, loss of firearm rights, and permanent damage to your reputation. An experienced criminal defense attorney can help you understand your rights, challenge the evidence, and protect your future.

Why Barton & Associates Is the Right Choice for Your Defense

Assault on a pregnant person is one of the most serious charges in the Texas Penal Code. A conviction can result in years in prison, loss of your firearm rights, and a permanent felony record that affects your ability to work, own a home, and be with your family. At Barton & Associates, Attorneys at Law, we have extensive experience defending individuals against these charges in the Nueces County criminal courts.

Our attorneys understand the legal standards, the medical evidence, and the strategies for challenging allegations of assault on a pregnant person. We work closely with our clients to investigate the facts, gather evidence, and develop a defense strategy tailored to the unique circumstances of each case.

We also understand that these cases often arise in the context of troubled relationships. Our attorneys approach these cases with professionalism and compassion, helping our clients navigate the legal system while protecting their rights and their future.

Protect Your Freedom and Your Future Today

If you are charged with assault on a pregnant person, your freedom and your future are on the line. A conviction can result in years in prison, loss of your firearm rights, and a permanent felony record. Do not wait. The decisions you make now will determine the outcome of your case.

Contact the experienced criminal defense attorneys at Barton & Associates today. Call us directly at 361-800-6780 to speak with a member of our team. You may also complete the Free Consultation form on our website, and we will reach out to you promptly. Please note that all on-site consultations at our Corpus Christi office are by appointment only, ensuring that we can give your case the focused attention it requires.

Reach out today—let us help you defend against assault on a pregnant person charges and protect your future.

Main Category: Criminal Defense Corpus Christi
Practice Area Category: Domestic Violence
Barton & Associates, Attorneys at Law
5110 Wilkinson Dr Suite 210, Corpus Christi, TX 78415
Office: 361-800-6780