Florida categorizes battery offenses into different degrees based on the severity of the crime—these range from first-degree misdemeanor simple battery to third-degree felony aggravated battery. The penalties vary significantly depending on the specific charge.
As experienced South Florida criminal defense lawyers, we understand the stress and confusion you may feel when trying to make sense of Florida battery degrees and facing criminal charges. This article breaks down the key differences between simple vs. felony battery charges so you know what to expect if you are charged with battery.
Simple Battery in Florida
The offense of simple battery is defined in Florida Statute 784.03 as:
- Intentionally touching or striking another person against their will; or
- Intentionally causing bodily harm to another person.
You don't have to cause an injury to face battery charges. Merely touching someone against their will can lead to an arrest.
Simple battery is typically charged as a first-degree misdemeanor in Florida. A conviction carries penalties of up to one year in jail and a $1,000 fine. You may also be ordered to complete an anger management course or other counseling.
A simple battery conviction creates a permanent criminal record that can interfere with your employment, housing, and educational opportunities.
Felony Battery in Florida
You may face felony battery charges if the alleged victim suffered serious injuries. Florida statute 784.041 defines felony battery as:
- Intentionally striking another person against their will; and
- Causing great bodily harm, permanent disability, or permanent disfigurement.
Felony battery is a third-degree felony with penalties of up to five years in prison and a $5,000 fine. Due to the violent nature of the offense, you may also face mandatory anger management classes or domestic violence counseling.
Prosecutors often file felony battery charges if the alleged victim required medical treatment or suffered long-term health consequences from the incident. The extent of the injuries is a key factor in how the state approaches the case.
Avoiding a felony battery conviction is crucial, as felons lose many important rights, including the right to vote, own firearms, and obtain specific professional licenses. An experienced criminal defense attorney can identify weaknesses in the prosecutor's case and fight for a reduction or dismissal of the charges.
Aggravated Battery Charges Involve Weapons or Severe Injury
Aggravated battery is an enhanced form of battery charged when the incident involves the use of a deadly weapon or results in severe injuries. Florida statute 784.045 specifies that aggravated battery occurs when a person:
1. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or
2. Uses a deadly weapon while committing a battery.
A deadly weapon can be any object with the potential to cause serious injury or death, such as a knife, baseball bat, or vehicle. The presence of a deadly weapon, even if not used, automatically elevates a battery charge to an aggravated offense.
Aggravated battery is a second-degree felony punishable by up to 15 years in state prison and a $10,000 fine. If you have prior violent crime convictions on your record, you may face enhanced sentencing as a habitual felony offender.
Prison is a very real possibility with aggravated battery charges. Having a skilled defense lawyer to negotiate with prosecutors and present your case to the court is essential.
For example, we were able to help our client, who was charged with battery on a pregnant woman. Our client was tried for her crime, and we convinced the jury that the police investigation was flawed. Our superior trial skills, attention to detail, and diligent preparation resulted in an acquittal, and our client was exonerated.
Talk to a South Florida Criminal Defense Lawyer About Your Battery Case
No matter what Florida battery degree you’re charged with, it’s essential to talk to an experienced South Florida defense lawyer. Attorney Robert Malove can review the facts of your case, explain your legal options, and start building an aggressive defense strategy tailored to your needs.
Our client TK was charged with battery and deciding who to hire as defense counsel. Here’s what he said about his decision to hire Robert Malove, “Out of the 3 attorneys, Mr. Robert Malove was the one that really made me feel confident he would best represent me. What really convinced me was that he was extremely proactive and well prepared. He was the ONLY attorney that took the time to read and study my case before I even interviewed him. When I came to the office he had already gone to court to get copies of the charges filed against me. None of the other attorneys did such a thing! Robert also took the time to set my expectations and share his experience of how other similar cases to mine would finish. Robert took the time to show me a roadmap of what would happen and what would be the process. I am a firm believer that sometimes the most important factors are seen in the smallest details….Hands down, Robert Malove is the best attorney you can hire.” We invite you to read TK’s full testimonial and our other client reviews.