Battery is a serious crime against persons in the state of Florida often referred to as assault in other states. The act of battery is when a person intentionally and knowingly touches or strikes another without their consent or causes bodily harm intentionally to another person. Typically, battery is classified as a misdemeanor and can result in incarceration.

However, if certain factors existed during the commission of the offense, the judge may reclassify the crime to a felony battery offense. What this means is if you’re convicted of felony battery you may be sentenced to time in prison, not jail. You’ll also be required to pay thousand-dollar conviction fines and be labeled as a felony upon release. That is why we highly encourage you to fight back against your allegations by hiring an experienced criminal defense attorney as soon as possible.

Felony Battery Defense Lawyer in Gainesville, FL

Battery may be a relatively common charge in Florida, but it’s still categorized as a violent crime. A conviction for felony battery could affect your ability to obtain employment, housing, or even a loan in the future. If you’ve been recently arrested for felony battery in the Alachua County area, it’s within your best interest to contact Galigani Law Firm.

The experienced and skilled attorneys at Galigani Law Firm have over 30 collective years of practice we can utilize for your case. Call now at (352) 375-0812 to set up your first consultation free of charge. Galigani Law Firm accepts clients throughout the greater Alachua County area including Gainesville, Alachua, Newberry, Hawthorne, and Micanopy.

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What is Felony Battery in Florida?

Felony battery can be committed in two ways under Florida law. The crime is defined under Florida Statutes Section 784.03(2), which states a person is guilty of battery if they do one of the following without permission of the other person.

  • Knowingly and intentionally touch or strike another person against their will; or
  • Cause great bodily harm, permanent disfigurement, or permanent disability

Usually, battery is classified as a misdemeanor in the state of Florida. However, the judge may reclassify a battery offense to a felony if the defendant has a prior battery, felony battery, or aggravated battery conviction. If this is the case, the defendant’s charges will be reclassified to a third-degree felony.

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Jail Time for Felony Battery in Florida

Battery is usually considered a minor crime that will ultimately result in a misdemeanor. Despite this fact, there are circumstances where the court can reclassify a battery offense so it’s a felony. A felony battery conviction can result in a third-degree felony, which is punishable by:

  • Up to 5 years in prison
  • A fine of up to $5,000
  • Any additional punishments ordered by the court including:
    • Community service hours
    • Substance abuse evaluation and treatment
    • Restitution to the victim and their family
    • Anger management or substance abuse counseling

The court may enhance your charge to aggravated battery if one of the following facts were proven to be true during the commission of the crime.

  • Victim was pregnant during the offense
  • The offense resulted in great bodily harm
  • A deadly weapon was used during the commission of the crime

If any of the above are proven true in court, then the judge will enhance the charge to aggravated battery. You will instead face a second-degree felony rather than a misdemeanor, which is punishable by:

  • Up to 15 years in prison
  • A fine of up to $10,000

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Additional Resources

Florida Battery Laws – Visit the official website for Florida laws and regulations to learn about battery and other assaultive offenses. Find more information regarding assault, battery, and culpable negligence offenses in Florida and their penalties. Read the crime’s specifics, legal definitions, and admissible defenses that may be used in court.

Florida Jury Instructions for Battery – Visit the official website for Florida’s Standard Jury Instructions regarding Criminal Cases and read up on those for batter. Read the document a jury may review if they are overseeing your verdict and what they will use to determine if an element was proven or not.

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Felony Battery Gainesville Attorney in Florida

If you or someone you know has been arrested for battery or another type of violent offense in Florida, contact Galigani Law Firm. With over 30 years of collective experience, our lawyers can utilize their skills and past experiences to build an effective defense for your case. Don’t wait another moment to protect your freedom and liberties by calling Galigani Law Firm today.

Galigani Law Firm accepts clients throughout the greater Alachua County and Gainesville area. You can reach us at (352) 375-0812 to set up your first consultation free of charge.

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