When two Floridians get into a physical altercation, it is very possible that at least one of them will face battery charges. A battery can be considered a misdemeanor or felony depending on the severity of the circumstances. Under Fla. Stat. 784.041, a felony battery charge is a third-degree felony that requires the prosecution to establish:
- The alleged assailant intentionally touched the alleged victim without their consent; and
- The alleged assailant caused the alleged victim to suffer “great bodily harm, permanent disability, or permanent disfigurement.”
Domestic battery by strangulation or committing a battery while restricting another person’s breathing or circulation (if they are a family or household member or a person with whom you are in a dating relationship), is also considered a third-degree felony under the same statute.
What are the consequences of felony battery?
A felony battery charge can lead to serious consequences. Generally, if you are convicted, you may face:
- Up to five years in prison (minimum of 19-36 months).
- Up to five years in probation.
- Up to $5,000 in fines.
How is felony battery different from misdemeanor and aggravated battery?
Felony battery charges are more serious than both misdemeanor and aggravated battery charges in the state of Florida.
- Simple battery is a misdemeanor and only requires prosecutors to establish that unwanted intentional touching occurred. Prosecutors will not have to prove that the alleged victim was injured.
- Aggravated battery is a second-degree felony requiring prosecutors to prove intent to cause serious harm or establish the presence of aggravating factors (e.g., the use of a deadly weapon).
Defending against any battery charge can be challenging for defendants in Florida. However, establishing that they were acting in self-defense, with a lack of intent, or with consent from the alleged victim are two possible defense strategies that may be effective.