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Felony Battery Pursuant to Florida Statute 784.03

Fights and violent arguments break out for a variety of reasons. In some cases, a fight can lead to one or both of the parties involved getting into trouble with the police. There are several different types and degrees of battery charges in Florida, with some of these charges getting more significant punishments than others. Felony battery pursuant to Florida Statute 784.03 is taken seriously by law enforcement officers and prosecutors. If you are facing these charges, it is important to contact a criminal defense attorney as soon as possible. The lawyers at Hanlon Law have experience defending the rights of those accused of felony battery and understand all the available defense strategies. 


Definition of Felony Battery in Florida 


In Florida, battery is a crime that involves intentionally touching another person in a harmful or offensive manner. In some cases, battery can be elevated to a felony. This crime is considered a third-degree felony, which carries a potential sentence of up to five years in prison and a fine of $5,000. 


To be charged with Felony Battery, several elements must be present. Firstly, the defendant must have intentionally touched the victim in a harmful or offensive manner. This means the defendant must have acted with the specific intent to cause harm or offense. Secondly, the defendant’s actions must have caused actual harm or injury to the victim. 


There are several circumstances that can elevate battery to a Felony battery charge, including: 


  • The victim was a law enforcement officer who was engaged in the performance of their official duties. 
  • The victim was an elderly person or a person with a disability. 
  • The victim was pregnant, and the defendant knew or should have known of the pregnancy. 
  • The defendant has a prior conviction for battery or a similar crime. 


Possible Defenses to Felony Battery Charges 


If you have been charged with Felony Battery, it is important to have a clear understanding of the elements that must be present for a conviction. A knowledgeable criminal defense attorney can help you navigate the legal process and build a defense against the charges. Some common defenses that may be raised in a felony battery case are: 


  • Self-defense: If the defendant acted in self-defense to protect themselves from an imminent threat of harm, they might be able to avoid a conviction for battery. 
  • Accident: If the injury was accidental, the defendant cannot be convicted of battery. 
  • False accusation: If the defendant is being falsely accused of battery, they may be able to avoid a conviction by presenting evidence to support their innocence.
  • Insufficient evidence: If the prosecution does not have enough evidence to prove the elements of the crime beyond a reasonable doubt, the defendant may be able to avoid a conviction. 
  • Consent: If the victim consented to the touching or striking, the defendant cannot be convicted of battery. 
  • Statute of limitations: If too much time has passed since the alleged battery occurred, the defendant may be able to avoid a conviction on the grounds that the statute of limitations has expired. 
  • Mental incapacity: if the defendant was not capable of forming the intent to commit battery due to a mental illness or disability, they might be able to avoid a conviction. 


It is important to note that each case is unique, and the specific defenses available will depend on the circumstances of the case. An experienced criminal defense attorney can advise you on the best defenses available in your particular situation. 


Seek Guidance from a Battery Defense Lawyer in the Orlando Area 


Felony battery is a severe crime in the state of Florida, and a conviction for this crime can result in significant penalties, including imprisonment and fines. If you have been charged with felony battery under Florida Statute 784.03, it is important to understand your legal rights and defenses. An experienced criminal defense attorney can help you navigate the criminal justice system and protect your rights. The lawyers at Hanlon Law are committed to protecting the freedom of all our clients. Our team will investigate the circumstances of your arrest, the police evidence against you, and any other factors that may help your case. 


If you are facing felony battery charges in the Orlando area, contact the defense lawyers at Hanlon Law today.

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