Battery & Felony Battery

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Battery, also called Simple Battery or Misdemeanor Battery, is when one person intentionally makes physical contact with another person against the will of the other person; or when one person intentionally inflicts bodily harm on another person. Battery under Florida Law is considered a violent crime and is a first degree misdemeanor, punishable by imprisonment not exceeding 1 year and a fine of $1000.

Felony Battery is found in two separate statutes. Florida Statute §784.03(2) defines Felony Battery as a battery that occurs when the defendant has a previous conviction for battery, aggravated battery, or felony battery. On the other hand, Florida Statute §784.041(1) defines Felony Battery as when someone intentionally strikes another and causes great bodily harm, permanent disability, or permanent disfigurement. In this scenario, great bodily harm, permanent disability, or permanent disfigurement resulted from the strike, but the harm was not intended. This can be distinguished from Aggravated Battery where the accused intended to cause great bodily harm, permanent disability, or permanent disfigurement. 

In either scenario, Felony Battery under Florida Law is a third-degree felony, punishable by imprisonment for up to five (5) years, probation up to five (5) years, and a fine of $5000.

Protected Classes: It should be noted that special laws increase the severity of the crime if the victim is one of a few protected classes, including law enforcement officers, persons over 65 years of age, firefighters, disabled, etc. These charges include, for example,  Battery/Aggravated Battery on a LEO, Battery/Aggravated Battery on a Person over 65, Etc. Regardless, the importance of consulting a qualified Battery Defense Attorney cannot be overstated.