Battery & Felony Battery
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.
What does "Domestic Violence Battery" mean?
Florida classifies certain crimes, Battery being one, as "Domestic Violence" if they occur between "family or household members." This designation triggers certain requirements in sentencing and can permanently prevent a person from holding certain jobs, getting approved for housing, and can lead to deportation.
Battery
DEFINITION OF BATTERY IN FLORIDA
The crime of battery as defined by § 784.03(1) involves intentional physical contact with another person against the will of the other person, or when intentionally causing bodily harm to another person. The defendant must intend to touch or strike the person or be engaged in a behavior where a strike or touch is highly likely to occur, like slamming the door on someone.
The defendant does not have to injure the alleged victim for a charge of battery. Intentional touching against the other person’s will is sufficient for making the charge. Also, touching the victim is not required if something intimately connected to the body of the victim is touched, such as a purse, backpack, cell phone, hat, or clothing.
PENALTIES FOR BATTERY IN FLORIDA
Under § 784.03, battery is a first degree misdemeanor punishable by imprisonment not exceeding 1 year and a fine of $1000, as provided in § 775.082 or § 775.083. However, sentence depends on the State of Florida being able to prove your guilt, on your criminal history, the severity of the facts, and the presence of aggravators and mitigators. The maximum sentence is not likely to be enforced in most cases.
DEFENSES TO BATTERY IN FLORIDA
Battery is a violent crime and a serious misdemeanor criminal offense. There are a number of defenses which attack the intent to touch or strike, the victim’s consent to the touching, or a justification defense, like “Stand Your Ground” or self-defense. An experienced attorney can help you determine which, if any of these defenses are applicable to your case.
CONTACT US
If you or a loved one has been charged with Battery or a related offense, we can help. We will gladly meet with you in our office in Fort Lauderdale, Orlando, or West Palm Beach. We serve clients all over Florida, with a focus in South Florida, including Miami-Dade County, Broward County, and Palm Beach County. Call us now for your free consultation.
Felony Battery
DEFINITION OF FELONY BATTERY IN FLORIDA
The crime of Felony Battery has two, separate definitions. 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. Florida Statute §784.041(1) defines Felony Battery as when someone intentionally strikes another and causes great bodily harm, permanent disability, or permanent disfigurement.
PENALTIES FOR FELONY BATTERY IN FLORIDA
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. However, a sentence depends on the State of Florida being able to prove your guilt, on your criminal history, the severity of the facts, and the presence of aggravators and mitigators. The maximum sentence is not likely to be enforced in most cases. An experienced attorney can help determine what defenses, aggravators, and mitigators exist.
Habitual felony offenders, habitual violent felony offenders, three (3) time violent felony offenders, and violent career criminals are subject to extended terms of imprisonment, as provided in § 775.084.
DEFENSES TO FELONY BATTERY IN FLORIDA
Felony Battery is a violent crime and a serious misdemeanor criminal offense. There are a number of defenses which attack the intent to touch or strike, the victim’s consent to the touching, or a justification defense, like “Stand Your Ground” or self-defense. An experienced attorney can help you determine which, if any of these defenses are applicable to your case.
CONTACT US
If you or a loved one has been charged with Battery or a related offense, we can help. We will gladly meet with you in our office in Fort Lauderdale, Orlando, or West Palm Beach. We serve clients all over Florida, with a focus in South Florida, including Miami-Dade County, Broward County, and Palm Beach County. Call us now for your free consultation.