§ 784.041. Felony Battery.

The crime of Felony Battery is a Third-Degree Felony in Florida which is punishable by up to 5 years in prison and a maximum fine of $5,000. 

The offense of Felony Battery occurs when a person:

1. Intentionally strikes another person against their will; and

2. Causes great bodily harm or permanent disability.

Defenses to Felony Battery

Some of the defenses to Felony Battery are:

  • Self Defense [1]
  • Lack of Intent [1][2][3][4]- This is a general intent crime, which means that the prosecution only needs to prove that the defendant intended to make contact and not that they intended to harm the victim.  Accidental contact is not battery.  
  • No great bodily harm [4]-  If there was no use of physical force or if the injuries are minor, Felony Battery is not applicable.  
  • Stand Your Ground [6] – Allows deadly force, with no “duty to retreat,” if a person reasonably believes it’s necessary to defend themselves or someone else against death or serious physical harm.  

NOTE: In the state of Florida, consent is not a defense to Felony Battery because the public has a “stronger and overriding interest in prohibiting and preventing such acts.”   [5]

There are other possible defenses which I can explore with you during our Free Initial Consultation.

Contact Criminal Defense Attorney
Glenn M. Swiatek

Free Initial Consultation

If you have been arrested or believe you will soon be arrested for the offense of Felony Battery in Northwest Florida please call us today at (850) 609‑0940 or send this form.

Initial Office Consults are free, and I will make myself available to suit your schedule.

Get the peace of mind that an attorney with over twenty-three years of criminal law experience can bring when you are charged with Felony Battery.

References:

  1. Beard v. State, 842 So. 2d 174 (Fla. 2d DCA 2003).  
    https://scholar.google.com/scholar_case?case=4839971566135197489
  1. Bonge v. State, 53 So. 3d 1231 (Fla. Dist. Ct. App. 2011).  
    https://scholar.google.com/scholar_case?case=17349962477428762663
  1. C.B. v. State, 810 So. 2d 1072 (Fla. Dist. Ct. App. 2002).  
    https://scholar.google.com/scholar_case?case=15204614885625234673
  1. United States v. Vail-Bailon, 868 F.3d 1293, 1303 (11th Cir. 2017).  
    https://scholar.google.com/scholar_case?case=2655035571548303725&q=United+States+v.+Vail-Bailon,+868+F.3d+1293,+1303+(11th+Cir.+2017)&hl=en&as_sdt=40006
  1. Lyons v. State, 437 So. 2d 711, 711 (Fla. Dist. Ct. App. 1983).  
    https://scholar.google.com/scholar_case?case=17535361889610772438&q=Lyons+v.+State,+437+So.+2d+711,+711+(Fla.+Dist.+Ct.+App.+1983).++&hl=en&as_sdt=40006
  1. FL § 776.012(2) – JUSTIFIABLE USE OF FORCE
    http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0776/Sections/0776.012.html