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Felony Battery in Florida

If accused of Felony Battery in Florida, you need to know the:

• Definition of Felony Battery
• Penalties for Felony Battery
• Defenses to Felony Battery

Definition of Felony Battery

The crime of Felony Battery 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.

The primary distinction between misdemeanor battery, felony battery, and Aggravated battery is in the amount of harm that is inflicted.

While no injury is necessary for a misdemeanor battery to be committed; a significant injury must occur before Felony Battery can be charged.

Example: You hit another person and knock him out. So long as he does not suffer any lasting effects, you have committed a misdemeanor battery. But if you hit another person and break his nose, you can be charged with felony battery. (However, if there is no lasting injury to the nose, an argument can be made that only a misdemeanor battery was committed.)

Penalties for Felony Battery

The crime of Felony Battery is a Third Degree Felony and is classified as a Level 6 offense under Florida's sentencing guidelines.

If convicted of Felony Battery, a judge can impose any combination of the following penalties:

• Up to five (5) Years in prison.
• Up to five (5) Years of probation.
• Up to $5,000 in fines.

Defenses to Felony Battery

Self Defense and Consent are the two primary defenses to the crime of Felony Battery in Florida.

Self Defense

Also known as the justified use of force, self defense 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.

Consent

Since an element of battery is that the contact be un-consensual, consent to the contact is an obvious defense. Other examples where consent would be applicable are athletic events.

• Mutual Combat: While not sanctioned as a legal defense, mutual combat is a theory that can be argued to a jury as a sub-category of the defense of consent. Essentially, the theory goes, if two people mutually engage in a fight (usually a bar brawl) neither person should be able to complain of the ensuing contact.

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The material on this page represents general legal advice. Since the law is continually changing, some of the provisions contained here may be out of date. It is always best to consult a criminal defense attorney about your legal rights and responsibilities regarding your particular case.

The hiring of a Florida criminal lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice or the formation of a criminal defense lawyer / client relationship.

Contact Criminal Defense Lawyer Charley Demosthenous

If you have been arrested or charged with a crime, please contact Tampa Criminal Defense Attorney Charley Demosthenous today. The sooner you contact me, the sooner I can establish a defense on your behalf.

The initial consultation is free of charge and I will inform you of possible defense strategies and/or remedies. I am available 24 hours a day, 7 days a week. (813) 857-8237

Serving all of the Tampa Bay Area and Throughout Florida.

 

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William S. Foley, P.A.
Divorce and Family Law

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