Definition of Felony Battery
Under Section 784.041, Fla. Stat., Felony Battery is defined as an intentional and unconsented touching, which “causes great bodily harm, permanent disability, or permanent disfigurement” to another person.
Unlike Aggravated Battery, felony battery does not require the intent to cause great bodily harm.
To prove the crime of Felony Battery, the prosecution must establish the following two elements beyond a reasonable doubt:
- The defendant intentionally touched or struck the alleged victim against the alleged victim’s will; and
- The defendant, in committing the battery, caused great bodily harm, permanent disability, or permanent disfigurement to the alleged victim.
Second or Subsequent Offenses
In Florida, battery may also be charged as a third degree felony (even in the absence of great bodily harm) if the defendant was previously convicted of a battery offense.
Section 784.03, Florida Statutes, provides:
A person who has one prior conviction for battery, aggravated battery, or felony battery and who commits any second or subsequent battery commits a felony of the third degree.
Penalties for Felony Battery
Felony Battery is classified as a third degree felony, with penalties of up to five years in prison or five years of probation, and fines of up $5,000.00.
Defenses to Felony Battery
Common defenses to Felony Battery can include the following:
- Use of force in Defense of Others;
- Use of Force in Defense of Property;
- Consent or Mutual Combat;
- Stand Your Ground;
- Factual disputes about how the incident occurred;
- Vindictive ‘victim;’
- Injuries do not constitute ‘great bodily harm;’
Contact an Attorney
If you have been charged with Felony Battery in Jacksonville or the surrounding counties, contact Hussein & Webber, PL for a free consultation.