Felony Battery

Under Florida law, Felony Battery is defined under Section 784.03, Florida Statutes.  A Felony Battery arrest or charge on your record can potentially be a very damaging thing to your personal life, career and reputation.  It is recommended that you speak to an attorney immediately after you are arrested or otherwise accused of committing a Felony Battery.

What is Felony Battery Under Florida Law?

The crime of Felony Battery in Florida is committed when you:

  • Intentionally touch or strike another person against their will and
  • Unintentionally cause great bodily harm, permanent disability, or permanent disfigurement to the person OR:
  • Having one prior conviction for battery, aggravated battery, or felony battery and then commit another simple battery, which will become reclassified as a Felony.

Unlike a Misdemeanor Battery, a significant injury must occur before Felony Battery can be charged.

What are the Penalties for Felony Battery in Florida?

In Florida a Felony Battery is classified as a Third Degree Felony,

If convicted of Felony Battery, a judge can sentence to:

  • Up to 5 years of prison.
  • Up to 5 years of probation.
  • Up to $5,000.00 in fines.
  • Court Costs

Felony Battery cases are prosecuted in Circuit Court and is Classified as a Level 6 Offense on the Florida Criminal Punishment Code Scoresheet.  These cases are prosecuted very aggressively, and it is highly recommended you speak to an attorney immediately upon being arrested for a Felony Battery Charge.

Potential Defenses to the charge of Felony Battery:

Consent

If the alleged victim asked you to touch or strike him/her, this is a complete defense to the charge of Misdemeanor Battery.

Mutual Combat

Mutual Combat describes the scenario where two or more people are fighting each other.  By engaging in a fight, the law treats each person as having consented to whatever injuries or touches/strikes he or she receives from any other person.  Engaging in mutual combat with another person is defense to the charge of misdemeanor battery because a person cannot enter a fight, and then complain later they were attacked unlawfully.

No Intentional Touching

The touching of the alleged victim must be intentional.  The State must prove that the defendant had the specific intent to touch or strike the alleged victim.  If the touch was unintentional or inadvertent, there can be no misdemeanor battery.

Self Defense

The opposite of Mutual Combat occurs when a defendant defends him/herself against the attack of another.  Self Defense is also known as the “justified use of force, is a defense to the crime of battery so long as you use non-deadly force to defend yourself against another person’s unlawful attack

No Significant injury sustained by the Alleged Victim.

State is relying on improper prior convictions.

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