Felony Battery in Florida
Felony Battery results when a defendant intentionally strikes another. The strike must be without consent. And it must result in one of the following:
- Causes great bodily harm;
- permanent disability;
- permanent disfigurement.
A defendant does not have to intend to cause the injury.
Proof at Trial
The state only has two elements to prove in order to establish the crime of Felony Battery in Florida:
Defendant intentionally touched or struck the victim without consent; and
2. Defendant caused great bodily harm, permanent disability, or permanent disfigurement to the alleged victim.
NOTE: If you have been previously convicted of misdemeanor battery, aggravated battery, or felony battery, then state can up-file any subsequent misdemeanor battery charge to Felony Battery! The state doesn’t have to prove great bodily harm, permanent disability, or permanent disfigurement.
“Convicted” is Broader Than being Adjudicated Guilty
Convicted means a determination of guilt that is the result of a plea or a trial, regardless of whether adjudication is withheld or a plea of nolo contendere is entered. In other words, even if your previous case resulted in a withhold of adjudication, the next battery charge can become felony battery!
Felony Battery in Florida starts as a Third Degree Felony. It carries up to five years in prison or five years of probation. The maximum fine is $5,000.00. But the Defendant can also be responsible for restitution (e.g. losses caused by the crime, medical payments etc). There are also mandatory fines and penalties including some anger management and treatment programs.
Why Should You Hire an Experienced Trial Lawyer?
Hiring a lawyer that has actual experience in handling Felony Battery cases in Florida may be the difference between between incarceration in prison or jail.
I have personally handled these types of cases, both as a prosecutor and as a defense attorney, and with great results for my clients. Your best defense is having an experienced trial lawyer on your side defending your rights.
If you are facing a Felony Battery charge, Contact Me Immediately for a Free Consultation to discuss your case. Let my experience handling these cases from both sides of the courtroom assist you in preparing your best defense.
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