In Florida, felony battery is a serious criminal offense defined under Florida Statutes § 784.041. It occurs when a person commits battery (intentionally touching or striking another person against their will or causing bodily harm) and, in doing so, either causes significant injury or has a prior conviction for battery, aggravated battery, or felony battery. Felony battery is classified as a third-degree felony, making it a more severe charge than simple battery.

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Charged with felony battery in Duval County?  Here's what you need to know:

 

Definition of Felony Battery:

Felony battery is committed when:

1. The defendant intentionally touches or strikes another person against their will, and

2. Causes great bodily harm, permanent disability, or permanent disfigurement to the victim, or

3. The defendant has a prior conviction for battery, aggravated battery, or felony battery and commits another battery.

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Key Elements of Felony Battery:

To convict someone of felony battery, the prosecution must prove the following elements beyond a reasonable doubt:

Intentional Touching or Striking: The defendant intentionally touched or struck the victim against their will.

Great Bodily Harm: The battery resulted in great bodily harm, permanent disability, or permanent disfigurement, or

Prior Conviction: The defendant has a previous conviction for battery, aggravated battery, or felony battery and committed another battery.

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Penalties for Felony Battery:

Felony battery is classified as a third-degree felony in Florida. The penalties include:

Prison Time: Up to 5 years in prison.

Probation: Up to 5 years of probation.
Fines: Up to $5,000.

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Additional Consequences:

Permanent Criminal Record: A conviction for felony battery results in a permanent criminal record, which can affect future employment, housing, and other opportunities.

Loss of Civil Rights: As with other felony convictions, a person convicted of felony battery may lose certain civil rights, such as the right to vote or possess firearms.

Restitution: The court may order the defendant to pay restitution to the victim for medical expenses, lost wages, and other damages resulting from the battery.

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Defenses to Felony Battery:

Several defenses may be available to someone charged with felony battery, depending on the circumstances of the case:

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1. Self-Defense: If the defendant acted in self-defense or in defense of others, this can be a valid defense against a felony battery charge.

2. Lack of Intent: If the defendant did not intentionally touch or strike the victim, this may serve as a defense.

3. Mutual Combat: If the battery occurred during a mutually agreed-upon fight, the charge might be reduced or dismissed.

4. False Accusation: The defendant may argue that they were falsely accused of the crime.
5. Lack of Prior Conviction: If the charge is based on a prior conviction, the defense may challenge the validity of that conviction.

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Importance of Legal Representation:

Felony battery charges carry serious consequences, and defending against such charges can be complex. It is essential to seek legal representation from an experienced criminal defense attorney who can evaluate the evidence, explore potential defenses, and work to reduce or dismiss the charges.

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In summary, felony battery in Florida is a third-degree felony involving intentional battery that results in serious injury or is committed by someone with a prior conviction for battery. The penalties are severe, and anyone facing this charge should seek legal advice to protect their rights and navigate the criminal justice system. If you are facing battery charges in Jacksonville you will need the assistance of a Duval County criminal defense attorney.  We can help.