Battery / Felony Battery
784.03 Battery; felony battery
Our South Florida criminal defense lawyers know that, according to the state statutes, the offense of battery occurs when someone “actually or intentionally” touches or strikes another person against the will of said person or intentionally causes bodily harm to another person.
So, if Person A punches Person B against Person B’s will, Person A has committed the crime of battery. Likewise, if Person A pushes a large object into Person B such that Person B incurs bodily harm, Person A has committed battery. Someone who commits battery commits a first-degree misdemeanor, punishable by up to 1 year in prison and/or $1,000 in fines, according to s. 775.082 and s. 775.083.
Someone who has a prior conviction for battery, aggravated battery or felony battery, who commits any second or subsequent battery, commits a felony of the third degree, punishable by up to 5 years in prison and/or $5,000 in fines, according to s. 775.082 and s. 775.083 (and faces heightened penalties as a repeat offender according to s. 775.084).
784.041 Felony battery
From experience, our dedicated criminal defense attorneys known that felony battery is similar to battery as described above, but it differs in terms of severity of the harm inflicted by the aggressor and consequently in terms of the prescribed penalties. According to the Florida State Statutes, a person commits felony battery if he or she “actually or intentionally” touches or strikes another person against the will of the other and causes great bodily harm, permanent disability, or permanent disfigurement. (In contrast to regular battery, where someone has to either strike or cause someone great bodily harm, in this instance, the aggressor must do both in order to be convicted of felony battery.)
Moreover, according to the statute, a person commits domestic battery by strangulation if the person knowingly and intentionally, against the will of another, impedes the normal breathing or circulation of the blood of a family or household member or of a person with whom he or she is in a dating relationship, so as to create a risk of or cause great bodily harm by applying pressure on the throat or neck of the other person or by blocking the nose or mouth of the other person. This paragraph does not apply to any act of medical diagnosis, treatment, or prescription, which is authorized under the laws of this state.
Someone who has committed felony battery or domestic battery by strangulation commits a felony of the third degree; as noted above, this is punishable by up to 5 years in prison and/or $5,000 in fines, and is subject to even further punishment as a repeat offender according to s. 775.084.
Often times, as our experienced South Florida criminal defense lawyers know, disagreements and arguments can escalate quickly into situations deemed criminal by law enforcement officials. If you have been arrested for or charged with battery or felony battery in Palm Beach, Broward or Miami-Dade County, contact us for a free consultation by calling 1-888-5-DEFEND (1-888-533-3363).