Felony Battery in Florida
If accused of Felony Battery in Florida, you need to know the:
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 in Florida is classified as a Third Degree Felony and assigned a Level 6 offense severity ranking under Florida's Criminal Punishment Code.
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.
Contact Criminal Defense Lawyer Richard Hornsby
If you have been arrested or charged with the crime of Felony Battery in Central Florida or the greater Orlando area, please contact Criminal Defense Lawyer Richard Hornsby today.
The initial consultation is free and I am always available to advise you on the proper course of action that can be taken.