Felony battery is a criminal offense under Florida Statutes, Section 784.041. It is an unlawful act of a person touching or hitting another person intentionally and causing great bodily harm to him. A person who is a serial offender and has been charged with Battery on earlier occasions can also be charged with the offense of felony battery.
In Florida, Felony Battery is the most serious of all Battery offenses with Misdemeanour Battery and Aggravated Battery being first and second level Battery offenses. Felony Battery is the third-degree Battery offense in terms of bodily harm caused by the defendant. A person can be charged with Misdemeanour Battery even when the victim has not sustained any bodily injury. The charge of Felony Battery is applied only when the victim has sustained significant injury because of the act of the defendant.
For example, you could get away with the charge of Misdemeanour Battery if you shoved a person causing him to fall without sustaining any injuries. But the offense becomes serious if the victim sustains serious injuries and you could be charged with Felony Battery.
What is the definition of Felony Battery – Florida Law?
Section 784.041 Florida Statutes clearly defines Felony Battery as a third-degree Battery offense where a person intentionally strikes another person without his consent and causes great bodily harm to him, leading to permanent disability or permanent disfigurement.
Is aggravated battery a felony?
Aggravated Battery in Florida is a second-degree felony for which a defendant can receive a sentence of imprisonment of up to 15 years and a fine of up to $10000. It is considered a higher or more serious offense than simple Battery for which there cannot be imprisonment for more than a year and a fine not more than $1000.
What are the Battery laws in Florida?
Battery is considered an offense in Florida and simple Battery is described as an act of intentionally touching or striking the victim to cause bodily harm to him. For the prosecution to prove the offense of Battery, the intent of causing bodily harm or injury to the victim must be there. Prosecution must be able to prove that the act of touching or striking was intentional and not accidental. Simple Battery is the first level of Battery whereas Aggravated Battery and Felony Battery are the second and third level offenses under this category.
What type of felony is aggravated battery with a weapon in Florida?
Aggravated Battery is a second-degree Battery misdemeanour in Florida where the defendant touches or strikes the victim intentionally to cause bodily harm or injury to him. When a deadly weapon is involved in Aggravated Battery, there is mandatory prison as penalty for the defendant with a sentence up to 15 or more years.
What is a felony battery on an older person in Florida?
Felony Battery on a person aged 65 years or more in Florida is considered an enhanced form of Battery. Battery on a person 65 years or more in Florida is described under Florida Statute Section 784.08(2)(c).
Frequently Asked Questions
Sexual Battery in Florida on a person 18 years or more is punishable by up to 30 years in prison.
One can receive imprisonment up to 1 year in jail for the offense of simple Battery in Florida.
Felony Battery is a third-degree offense in Florida where the defendant intentionally touches or strikes another person to cause him great bodily harm.
Felony Battery is a third-degree Battery offense in Florida where the defendant can receive imprisonment up to 5 years.
Florida legislature deems domestic violence as serious. Bond amount for Felony domestic Battery is $500-$1000.
Felony Battery is considered a serious criminal offense in Florida. It is the third-degree Battery offense where the defendant intention ally touches or strikes the victim to cause him great bodily harm. The offense becomes more serious if there is a deadly weapon involved or if the victim is of an age 65 years or higher.
Looking for a Felony Battery Lawyer in Florida?
Having an experienced criminal attorney to defend you when you have been charged with the offense of Felony Battery can help to protect your rights. He can get the charges dismissed or if convicted, ask for reduction in penalties. Smith & Eulo Law Firm is an experienced law firm dealing in criminal cases, especially battery offenses. Call 407-930-8912 today, or email us at firstname.lastname@example.org, if you have been charged with Felony Battery in Florida.