Jon H. Gutmacher, Esq.

Orlando Criminal Defense Lawyer

Former Prosecutor & Police Legal Advisor,

Author: "Florida Firearms -- Law, Use & Ownership",

NRA Certified Firearms Instructor,

NRA Referral Attorney.

JON H. GUTMACHER, P.A.: Orlando Criminal Trial Attorney Services

Battery And Aggravated Battery Charges In Florida

Battery is defined as an unlawful and intentional touching or striking of another person against the will of that other person. A person who commits such a battery commits a misdemeanor of the first degree which is punishable by up to one year in the county jail. [Florida Statute 784.03] 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”.

An “aggravated battery” is charged under Florida Statute 784.045, and is a battery committed against a pregnant woman who the defendant was aware (or should have known) was pregnant; or is a battery where a deadly weapon was used; or is a battery where the defendant intentionally caused great bodily harm, permanent disability, or permanent disfigurement to the victim. An aggravated battery is a second degree felony punishable by up to fifteen years imprisonment in the Florida prison system, and may also carry a mandatory minimum sentence.

A battery against a law enforcement officer (ie: battery LEO), firefighter, EMS personnel, bus or train operator, or their security personnel is a third degree felony, or worse, pursuant to Florida Statute 784.07. If the crime would be an aggravated assault against a citizen – it is a second degree felony against the protected class of the statute. If the crime would be an aggravated battery against a citizen, it is a first degree felony against the protected class. In either of these last two instances a mandatory minimum sentence is imposed of either three or five years. If a firearm is carried during the crime – the mandatory sentence can even be worse.


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