Felony Battery


§784.041, Fla.Stat.

To prove the crime of Felony Battery, the State must prove the following two elements beyond a reasonable doubt:

  1. The Defendant actually and intentionally touched or struck the alleged victim against his or her will; and
  2. The Defendant caused the alleged victim great bodily harm, permanent disability, or permanent disfigurement.

Someone with one prior conviction for battery, aggravated battery, or felony battery can be charged with a felony battery if they commit a second or subsequent battery.  

Penalties for Felony Battery

Felony Battery is a felony of the third degree punishable by up to 5 years in prison and a fine not exceeding $5,000.

Other penalties that can be imposed are the following:

  • Restitution to the victim
  • Community Service Hours
  • Substance abuse evaluations and treatment
  • Psychological evaluations and treatment
  • Counseling
  • In Domestic Violation Cases, Completion of a 26-29 week Batterer’s Intervention Program.