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Definition of "Felony Battery"
A person commits felony battery if he or she:
(1) Actually and intentionally touches or strikes another person against the will of the other; and
(2) Causes great bodily harm, permanent disability, or permanent disfigurement.
Possible Penalty for "Felony Battery"
Felony Battery is clasified as a Third Degree Felony. This means that, if found guilty, the person charged with Felony Battery can receive a sentence of up to five years in Florida State Prison, or up to 5 years of probation, and a $5,000 fine. Keep in mind that this is the highest possible sentence that a judge could impose, and not necesarily the sentence that a judge would impose in any individual case.
Possible Defenses to Battery type Charges
As with any crime, a defense to Battery, Felony Battery, Domestic Battery by Strangulation, or Aggravated Battery can, if warranted, involve a denial of the allegations, or arguments that the allegations cannot be proven, along with other general pre-trial and trial defenses.
However, there are a few defenses that are specific to the charges of Battery, Felony Battery, Domestic Battery by Strangulation, and Aggravated Battery:
Self Defense (aka Justifiable Use of Force)**
Consent
Lack of Intent
Lack of knowledge of pregnancy (in the case of Domestic Battery by Strangulation).
**Self Defense - using or threatening non-deadly force. Under subsection 776.012(1), Florida Statutes "a person is justified in using or threatening to use force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against
the other's imminent use of unlawful force." A person who uses or threatens force under the circumstances outlined under subsection 776.012(1) does not have a duty to retreat before using or threatening to use non-deadly force.
**Self Defense - using or threatening deadly force. Under subsection 776.012(2) "a person is justified in using or threatening to use deadly force if he or she reasonably believes that using or threatening to use such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony." A person who uses or threatens deadly force under the circumstances outlined under subsection 776.012(2) "does not have a duty to retreat before using or threatening to use such force."
Battery Crimes
There are a variety of battery crimes. Being accused of any one of them is a very serious matter for which you should seek legal representation. In this section you will find basic information on the elements, penalties, and possible legal defenses to the most common assault and battery crimes.
If you have been arrested or charged in Polk or Hardee County, including Winter Haven, Lakeland, Bartow, Auburndale, Haines City, Wauchula, or Bowling Green, contact Criminal Defense Lawyer Tonmiel Rodriguez today for a free consultation.
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If you or a loved one is facing criminal charges, it's crucial to have an experienced attorney on your side. I will provide the guidance and legal representation you need to protect your rights and build the strongest defense possible.
