FELONY BATTERY IN FLORIDA
To prove the crime of Felony Battery, the State must prove the following two elements beyond a reasonable doubt:
- The Defendant actually and intentionally touched or struck the alleged victim against his or her will; and
- 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
- In Domestic Violation Cases, Completion of a 26-29 week Batterer’s Intervention Program.