Felony Battery in Florida

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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.

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.

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.