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Felony Battery: F.S. 784.041

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Felony Battery – Felony battery is much like misdemeanor battery, except that somebody really gets hurt. While misdemeanor battery does not require physical injury to the victim, felony battery requires proof that the victim suffered great bodily harm, permanent disability, or permanent disfigurement. § 784.041 makes this crime a third-degree felony, punishable by up to 5 years in state prison, a $5,000 fine, or both.

The main difference between felony battery and the more serious charge of aggravated battery is that, while they both require similar injuries, felony battery does not require proof that the defendant intended to cause those injuries. A good example is this: you are in a fistfight with someone and punch them in the face. The victim falls and breaks their nose and eye socket when they strike the ground. While these injuries probably constitute serious bodily injury or permanent disfigurement, you are only guilty of felony battery because you did not intend to cause such serious injuries. On the other hand, if the victim fell down and then you got on top of them and punched them over and over in the face until you caused those same injuries, you would be guilty of aggravated battery because it is obvious that you intended to cause these serious injuries.