South Florida Criminal Attorney
Battery is defined as ‘an unlawful and intentional touching or striking of another person against the will of that other person. If you have committed a prior battery, and were found “guilty” of the prior charge, even if adjudication was withheld – you may be charged with a felony battery on a second or later battery, which becomes a third degree felony punishable by up to five years in the state prison system. Also – if you are charged with a misdemeanor battery that involved a family member or other person who qualifies as a domestic partner – a conviction, even as a misdemeanor, will bar you thereafter from ownership or possession of firearms or ammunition.’
A felony battery is generally covered by Florida Statute 784.041. This statute makes it a crime to commit a battery where the victim suffers great bodily harm, permanent disability, or permanent disfigurement even if the type of injury that occurs was not intended. It is a third degree felony when so charged, however it can also be charged under a more serious statute as an “aggravated battery”.