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An 8-month pregnant 19-year-old has been charged with first degree murder after pushing her husband of one-year out a 17th floor window.

Amber Hilberling, was arrested for murder after her husband, Joshua, fell 17 stories to his death on Tuesday, June 7, 2011. Police said Amber pushed him and he fell out of the window of his high-rise apartment.

Joshua Hilberling filed a restraining order against his wife for physical abuse at one point, but Amber Hilberling’s attorney claims Joshua was the real aggressor.

“I can say that we have seen absolutely no evidence of any criminal wrongdoing by Mrs. Hilberling,” Amber Hilberling’s Attorney, said. “This is a tragedy for everyone involved and what it wasn’t was a crime.”

Amber’s attorney claims: “Without getting into specifics, there is a long history of this man, a 6’4″, 220 pound college football player abusing this young woman, including throughout her entire pregnancy.” Police officials disagree.

According to court records, Joshua Hilberling had a restraining order against Amber, outlining the continual physical abuse he says he suffered.

Amber’s attorney says, “This is a 5’5″, pregnant teenage girl and it’s kind of preposterous to listen to some of the things that are being said right now about how she can be an aggressor against a 6’4″, 220 pounder.”

Prosecutors say they have no evidence that Amber Hilberling was abused. Furthermore, even if he was the one abusing her, Joshua Hilberling had packed his bags and was leaving – that is what started the argument that lead to his death.

Hospital records show that Joshua received stitches to his head at a local emergencey room last month. Reportedly, Amber busted his head during an dispute.