Felony Battery in Florida

Florida Statute §784.041   |   Classification: Third-Degree Felony

What Is This Charge?

Felony battery occurs when a person intentionally touches or strikes another person against their will and, in doing so, causes great bodily harm, permanent disability, or permanent disfigurement. A prior battery conviction can also elevate a new battery charge to felony status regardless of whether great bodily harm resulted.

Penalties & Fines

• Up to 5 years in Florida state prison

• Up to 5 years of probation

• Up to $5,000 in fines

• Permanent felony record

• Restitution to the victim for medical expenses and related damages

• Scoring under Florida's Criminal Punishment Code may make prison mandatory

  
  

Additional Consequences

• Loss of firearms rights

• Immigration consequences for non-citizens

• Impact on employment and professional licensing

  
  

Possible Defenses

• The injury did not constitute great bodily harm, permanent disability, or permanent disfigurement

• Self-defense or defense of others

• The act was not intentional

• Consent

• Mistaken identity or insufficient evidence

• Prior battery conviction used to elevate the charge was constitutionally flawed

  
  

Why You Need a Defense Attorney

The line between misdemeanor battery and felony battery often comes down to the severity of the injury — a determination that involves medical records and expert opinion. An experienced attorney will challenge the medical characterization of the injury, assess all available defenses, and work to protect you from a felony conviction.

Call today for a free consultation: (813) 888-8888  |  Email: erica@fllegaldefense.com

Serving Hillsborough, Pinellas, Pasco, and Polk Counties. Virtual consultations available.