Battery, sometimes referred to as assault in some states, is the act of intentionally and knowingly touching or striking another person without consent. The touch must be either offensive or cause bodily harm for the charges to stick. Usually, battery in Florida is charged as a misdemeanor.
However, in some cases the court may reclassify the crime to a felony offense. The prosecution can enhance your charge to aggravated battery if certain facts are proven to have occurred during the commission of the crime. If the courts reclassify the crime, then you’ll be facing time in prison, not just jail. A conviction for felony battery can result in a years-long prison sentence as well as expensive fines. For these reasons and more, we highly suggest you seek legal representation if you’ve been charged with felony battery.
Felony Battery Attorney in Brooksville, FL | Battery with a Deadly Weapon
If you or someone you know has been accused of battery or aggravated battery, we suggest you call The Law Office of Ashley Aulls, P.A.. Ashley Aulls and his legal team have defended numerous people from battery and assault crimes. His in-depth knowledge of Florida’s laws, court procedures, and applicable defenses will significantly increase your chances of reduced or dismissed charges. To set up your first consultation with The Law Office of Ashley Aulls, P.A., call our number at (352) 593-4115 or simply submit an online contact form.
The Law Office of Ashley Aulls, P.A. accepts clients in Hernando County, Sumter County, and Citrus County including Spring Hill, Brooksville, Weeki Wachee Gardens, Brooksville, Pine Island, Brookridge, North Weeki Wachee, Inverness, Crystal River, Lecanto, Beverly Hills, Hernando, Citrus Springs, Homosassa, Wildwood, Coleman, and Bushnell. Information Center:
- Felony Battery Definition in Florida
- What is the Sentence for Felony Battery in FL?
- Additional Resources
Felony Battery Definition in Florida
The crime of battery is defined under the Florida Statutes Section 784.03. Under the statutes, you’re guilty of the crime battery if the prosecution can prove the following elements to the jury beyond a reasonable doubt. These elements include:
- Intentionally and knowingly touching or striking another without consent; or
- Causing bodily harm to another person against their will
Normally, battery is charged as a misdemeanor offense in Florida. However, misdemeanor battery rises to the level of felony battery if one of the following occurred during the commission of the offense.
- You used a deadly weapon
- You intentionally or knowingly caused permanent disfigurement, permanent disability, or great bodily harm to the other person
- The victim was pregnant at the time of the offense
- The defendant committed domestic battery by strangulation
- You have a prior conviction for misdemeanor or felony battery
It’s important to note the term “deadly weapon” has a specific definition under Florida law. According to the Florida jury instructions, a “deadly weapon” is any weapon that could kill or cause serious bodily harm or disfigurement. A few examples of a deadly weapon under Florida law includes the following:
- Knives or other sharp objects
- Metal bar
What is the Sentence for Felony Battery in Florida?
Penalties for battery can be found under Florida Statutes section 784.045. Having a prior battery conviction or committing domestic violence by strangulation will enhance the crime to a third-degree felony punishable by:
- Up to 5 years in prison
- A fine of up to $5,000
Felony battery under any other circumstance is a second-degree felony. The maximum sentence you can receive for a second-degree includes:
- Up to 15 years in prison
- A fine of up to $10,000
Felony Battery Laws in Florida | FL Statutes– Visit the official website for Florida laws and statutes to learn about battery and other types of assaultive offenses. Find more information regarding assault, battery, felony battery and culpable negligence offenses in Florid. Read the crime’s legal definition, penalties, and admissible defenses that may be used in court. List of Batterer’s Intervention Program Providers – Visit the official website for the Florida Courts to read up on their list of current providers for Batterer Interventions. Many felony battery cases in Florida are stemmed to domestic violence, so it’s possible the court may have you attend one of these programs as an alternative to jail. Learn how to apply, what it takes to stay in the program, and what programs are available near you.
Defense Lawyer for Felony Battery in Hernando County, FL
If you or someone you know has been arrested for battery or another type of violent offense in Florida, contact The Law Office of Ashley Aulls, P.A. to learn your legal options. With decades of trial experience on his side, Ashley Aulls can utilize his skills and past experiences to build an effective defense for your case.
Don’t wait another moment to protect your freedom and liberties and call our firm today. The Law Office of Ashley Aulls, P.A. accepts clients throughout the greater Brooksville, Hernando County, Spring Hill, Sumter County, and Citrus County area in Florida. You can reach us at (352) 593-4115 to set up your first today consultation free of charge.