Under Florida Statutes, Section 784.041, the crime of Felony Battery includes intentionally touching or striking another person, resulting in great bodily harm. You could also be charged with Felony Battery if you are being charged after a prior conviction for the crime of Battery. Felony Battery is a third-degree felony in the state of Florida, and, unlike Aggravated Battery, does not require intent to cause great bodily harm. The main difference between the crimes of Misdemeanor Battery, Aggravated Battery and Felony Battery lies in the level of harm sustained by the victim.
No injury is necessary for you to be charged with Misdemeanor Battery. However, before Felony Battery can be charged (unless you have a prior conviction for battery), you must have inflicted significant injury on another person. As an example, if you shove another person, resulting in that person falling down, but sustaining no real, lasting injury, you would probably be charged with Misdemeanor Battery. If, however, in shoving the person you caused him or her to break a bone, then you might be charged with Felony Battery.
Penalties for a Conviction of Felony Battery
In order to prove your guilt, the prosecutor must show you intentionally touched or struck the alleged victim against his or her will, and, in doing so, caused great bodily harm, permanent disfigurement, or permanent disability to the person. If you are convicted of Felony Battery, you could face the following penalties:
- Fines as large as $5,000
- Five years of probation
- Five years in Florida state prison
- Restitution to the victim
- Community service
- Substance abuse evaluation and treatment
- Psychological evaluation and treatment
- Other counseling, and
- In the case of Domestic Violence Battery, you could be required to complete a 26-29 week Batterer’s Intervention Program
For a free legal consultation with a fellony battery lawyer serving Sarasota, call 941-444-4444
Felony Battery Defenses
While your exact defense will depend on the circumstances surrounding your charges, as well as whether you have a prior criminal record, your Florida criminal defense attorney may use one of the following defenses on your behalf:
- You were defending yourself
- You were defending another person
- There are factual disputes regarding how the incident occurred
- You are innocent, and are being accused by a vindictive person
- The injuries to the alleged victim do not rise to the level of great bodily harm, or
- The altercation could be considered mutual combat
Because there are so many potential defenses to the crime of Felony Battery, it is essential you contact an experienced Florida criminal defense attorney as soon as possible. Do not even consider pleading guilty to the crime until you have spoken to an attorney from The Law Place. A guilty plea could result in a conviction for the crime, which, in turn, will result in the following:
- Removal of your firearm privileges
- Removal of your right to run for office
- Removal of your right to vote
- An inability to obtain employment
- An inability to obtain a professional license
- An inability to return to college on a governmental student loan, and
- An inability to successfully rent a home
Sarasota Fellony Battery Lawyer Near Me 941-444-4444
Call The Law Place for Experienced Criminal Attorneys
Having a Sarasota criminal defense attorney from The Law Place by your side ensures your rights will be protected from start to finish. We will work hard on your behalf, first to seek a dismissal of your charges, or a reduction of the charges. If you are convicted, we will work to negotiate a lesser sentence than you would otherwise face. We want you to experience the very least amount of penalties and consequences as a result of your Felony Battery charges, and we want to be the advocate in your corner. Contact a criminal attorney from The Law Place today by calling 941-444-4444.
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