In Florida, Felony Battery is the most serious of all Battery offenses with Misdemeanor Battery and Aggravated Battery being first and second-level Battery offenses. Felony Battery is a third-degree Battery offense in terms of bodily harm caused by the defendant.
Under Section 784.041, Fla. Stat., Felony Battery is defined as an intentional and unconsented touching, which “causes great bodily harm, permanent disability, or permanent disfigurement” to another person. Unlike Aggravated Battery, felony battery does not require the intent to cause great bodily harm.
Penalties for Felony Battery Felony Battery is classified as a third degree felony, with penalties of up to five years in prison or five years of probation, and fines of up $5,000.00.
In the context of simple battery, it means that the defendant deliberately engaged in conduct that resulted in touching or harming another person. It's not enough for the prosecution to show that you touched someone; they must also prove that you intended to do so against that person's will.
Battery is defined as a harmful or offensive act against another person that must cause physical, emotional, or mental harm. The intent or threat to cause this harm is defined as assault, though both battery and assault are often charged together as simply assault.
Battery is a first-degree misdemeanor which has a maximum punishment of 1 year in jail and a $1,000 fine. This crime is ranked as a level 1 on the Florida Criminal Punishment Code.
Penalties for Assault and Battery in Florida Simple battery is a first-degree misdemeanor and it can result in 1 year of jail and a fine of up to $1,000. If the defendant has a prior conviction for a battery-related offense, the penalties for a subsequent battery crime will increase to a third-degree felony.
Assault, California Penal Code (PC) 240, involves causing fear or apprehension of imminent violence (whether attempted or threatened) and is typically a misdemeanor. Battery, California Penal Code 242, involves using force or violence and is typically much more serious.
Florida law requires that the state attorney file formal charges within 30 days of the arrest if the defendant is in custody.