Florida Battery, Felony Battery & Aggravated Battery
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The information presented at this site is not legal advice, and does not create an attorney-client relationship.  This site is designed to provide only general
information.  The facts of your case are unique, and you should consult an attorney for advice regarding your individual situation.  Contact the Wilson Law Firm to
speak with an Orlando criminal defense lawyer and Orange County Florida DUI attorney today.  The Wilson Law Firm, P.L. © 2010  
Orlando Florida Criminal Lawyer - Battery Offenses:
Battery crimes are considered crimes of violence and can have significant
penalties, including minimum mandatory penalties.  In these cases, it is also
not uncommon for the parties involved to know one, and in many cases, the
parties have conflicting stories about what occurred.  If you have been arrested
for battery, you should speak with an experienced criminal defense attorney at
your earliest opportunity to learn about your rights and the defenses that may
be available to you.

In many criminal cases, a properly prepared defense will result in either
reduced penalties, reduced charges, or a dismissal of the charges.  Even
in criminal cases where the evidence of guilt is overwhelming, a properly
prepared defense and presentation of mitigating circumstances can result
in significant decreases in penalties you receive.

If you or a loved one has been arrested, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an
experienced Orlando criminal defense attorney about your situation or to schedule a Free Initial Consultation   

The following section of this page provides some information regarding battery offenses:

Battery - consists of a person actually or intentionally touching or striking another person against the will of the
other; or intentionally causing bodily harm to another person.  In some cases, the alleged crime may be that of a
simple push which left no mark or physical injury on the victim.  

1) A simple battery is usually a 1st Degree misdemeanor punishable by up to 1 year in the county jail, however, if the
individual has a prior conviction for battery, aggravated battery, or felony battery, the crime may be charged as a 3rd
Degree felony punishable by up to 5 years in State prison.

2) A felony battery occurs if the defendant causes great bodily harm, permanent disability, or permanent
disfigurement.  A Felony Battery is usually a 3rd Degree felony punishable by up to 5 years in State Prison.

3) A aggravated battery occurs when in committing the crime of battery the defendant either intentionally or knowingly
causes great bodily harm, permanent disability, or permanent disfigurement, uses a deadly weapon or, if the
offender knew or should have known that the victim was pregnant, and the person who was the victim of the battery
was actually pregnant at the time of the offense.  An aggravated battery is usually a 2nd Degree felony punishable by
up to 15 years in State Prison.  

The following Florida Statures provide some more information about battery crimes.

Florida Statute 784.03 - Battery; felony battery.
1)(a) The offense of battery occurs when a person:

1. Actually and intentionally touches or strikes another person against the will of the other; or

2. Intentionally causes bodily harm to another person.

(b) Except as provided in subsection (2), a person who commits battery commits a misdemeanor of the first
degree, punishable as provided in s. 775.082 or s. 775.083.

(2) A person who has one prior conviction for battery, aggravated battery, or felony battery and who commits any
second or subsequent battery commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083,
or s. 775.084. For purposes of this subsection, “conviction” means a determination of guilt that is the result of a plea
or a trial, regardless of whether adjudication is withheld or a plea of nolo contendere is entered

Florida Statute 784.045 - Aggravated battery.
(1)(a) A person commits aggravated battery who, in committing battery:

1. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or

2. Uses a deadly weapon.

(b) A person commits aggravated battery if the person who was the victim of the battery was pregnant at the time of
the offense and the offender knew or should have known that the victim was pregnant.

(2) Whoever commits aggravated battery shall be guilty of a felony of the second degree, punishable as provided in
s. 775.082, s. 775.083, or s. 775.084.

Florida Statute 784.08 - Assault or battery on persons 65 years of age or older; reclassification of offenses;
minimum sentence.
(1) A person who is convicted of an aggravated assault or aggravated battery upon a person 65 years of age or
older shall be sentenced to a minimum term of imprisonment of 3 years and fined not more than $10,000 and shall
also be ordered by the sentencing judge to make restitution to the victim of such offense and to perform up to 500
hours of community service work. Restitution and community service work shall be in addition to any fine or sentence
which may be imposed and shall not be in lieu thereof.

(2) Whenever a person is charged with committing an assault or aggravated assault or a battery or aggravated
battery upon a person 65 years of age or older, regardless of whether he or she knows or has reason to know the
age of the victim, the offense for which the person is charged shall be reclassified as follows:

(a) In the case of aggravated battery, from a felony of the second degree to a felony of the first degree.

(b) In the case of aggravated assault, from a felony of the third degree to a felony of the second degree.

(c) In the case of battery, from a misdemeanor of the first degree to a felony of the third degree.

(d) In the case of assault, from a misdemeanor of the second degree to a misdemeanor of the first degree.

(3) Notwithstanding the provisions of s. 948.01, adjudication of guilt or imposition of sentence shall not be
suspended, deferred, or withheld.

Florida Statute 784.081 - Assault or battery on specified officials or employees; reclassification of offenses.
(1) For purposes of this section, the term “sports official” means any person who serves as a referee, an umpire, or
a linesman, and any person who serves in a similar capacity as a sports official who may be known by another title,
which sports official is duly registered by or is a member of a local, state, regional, or national organization that is
engaged in part in providing education and training to sports officials.

(2) Whenever a person is charged with committing an assault or aggravated assault or a battery or aggravated
battery upon any elected official or employee of: a school district; a private school; the Florida School for the Deaf and
the Blind; a university lab school; a state university or any other entity of the state system of public education, as
defined in s. 1000.04; a sports official; an employee or protective investigator of the Department of Children and
Family Services; an employee of a lead community-based provider and its direct service contract providers; or an
employee of the Department of Health or its direct service contract providers, when the person committing the
offense knows or has reason to know the identity or position or employment of the victim, the offense for which the
person is charged shall be reclassified as follows:

(a) In the case of aggravated battery, from a felony of the second degree to a felony of the first degree.

(b) In the case of aggravated assault, from a felony of the third degree to a felony of the second degree.

(c) In the case of battery, from a misdemeanor of the first degree to a felony of the third degree.

(d) In the case of assault, from a misdemeanor of the second degree to a misdemeanor of the first degree.

(3) An assault, aggravated assault, battery, or aggravated battery upon a sports official shall be reclassified
pursuant to subsection (2) only if such offense is committed upon the sports official when he or she is actively
participating as a sports official in an athletic contest or immediately following such athletic contest.

_________________________________________________

You may also want to review the following page involving batteries on Law Enforcement Officers and individuals
in certain professions:

Florida Statute 784.07 - Assault or battery of law enforcement officers, firefighters, emergency medical care
providers, public transit employees or agents, or other specified officers; reclassification of offenses; minimum
sentences.

For more information, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an experienced Orlando
criminal defense attorney about your situation or to schedule a Free Initial Consultation.  The Wilson Law Firm
represents individuals in criminal defense and DUI cases in the Central Florida area, including the cities of
Altamonte Springs, Apopka, Casselberry, Clermont, Kissimmee, Lake Mary, Longwood, Maitland, Mount Dora,
Ocoee, Orlando, Oviedo, Saint Cloud, Sanford, Windermere, Winter Garden, Winter Park and Winter Springs, as well
as Lake County, Orange County, Osceola County, and Seminole County, Florida.
Call Today: (407) 648-5255
Orange County Florida Criminal Attorney & Orlando DUI Lawyer -
Call Today: (407) 648-5255
Orange County DUI Attorney& Orlando Criminal Defense Lawyer
Florida Crimes & Laws