Pursuant to Florida Statute 784.041 a person commits felony battery if he or she:
(a) Actually and intentionally touches or strikes another person against the will of the other; and (b) Causes great bodily harm, permanent disability, or permanent disfigurement.
To prove the crime of Felony Battery, the State must prove the following two elements beyond a reasonable doubt:
- The accused actually and intentionally touched or struck the alleged victim against his or her will; and
- The accused caused the alleged victim great bodily harm, permanent disability, or permanent disfigurement.
The primary difference 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.
Felony Battery is a third degree felony punishable by up to 5 years in Florida State Prison.
Florida has several types of battery crimes:
- Misdemeanor Battery,
- Domestic Battery by Strangulation,
- Domestic Violence Battery,
- Battery on a Law Enforcement Officer,
- Aggravated Battery
A Battery charge is a serious matter with severe penalties that is viewed as a violent criminal charge. If you are charged with Battery or any criminal charge in Broward County, an experienced Criminal Defense Attorney is essential. For a free consultation to see how Fort Lauderdale Criminal Defense Attorney David J. Sobel can defend you, contact David Sobel at 954-383-3000. You will be able to speak directly with David Sobel 24/7.
David Sobel is a Fort Lauderdale Criminal Attorney representing clients throughout Broward County, Miami-Dade County, and Palm Beach County and all other counties in the State of Florida.