Felony Battery

orlando assault and battery attorney

Felony battery is the second most severe battery charge one can face in Florida, with simple battery being the lesser charge and aggravated battery being the most severe. Most people charged with battery rarely understand which category their alleged crime fits into which often results in them accepting whatever charge they’re handed. This is highly unfavorable as law enforcement famously overcharges individuals, especially those accused of committing violent crimes. Rather than allow the State to charge and sentence you as they please, seek the legal counsel of a criminal defense attorney who will fight relentlessly on your behalf.

The Orlando felony battery defense lawyers at The Umansky Law Firm are no strangers to violent crime cases. We have decades of experience representing those facing felony offenses and have a track record of being able to mitigate charges much to the benefit of the accused. There’s no reason that one unfavorable decision should haunt you for the rest of your life. Speak with our team today to discuss the full extent of your legal defense options.

Florida Penalties for Felony Battery

Felony battery is described in Florida Statute § 784.081 as the intentional and unconsented touching or striking that results in the great bodily harm of a third party. This charge also applies to those who have a previous battery conviction on their record even if they have not caused great bodily harm.

Felony battery is a third-degree felony in Florida. The criminal penalties are as follows:

  • Up to 5 years in prison; or
  • Up to 5 years probation; and
  • $5,000 in fines

Additional penalties often include counseling, community service, substance abuse evaluations, restitution awards, and required completion of Batterer’s Intervention Program for domestic violence cases. One can avoid these consequences with the help of a felony battery defense lawyer who can present a strong defense on your behalf.

Defending Against Felony Battery Charges

The prosecution must prove two factors beyond a reasonable doubt to get a conviction for felony battery in Florida:

  • You intentionally touched or struck the alleged victim against his or her will; and
  • You caused great bodily harm, permanent disability, or permanent disfigurement to the alleged victim while committing the battery

Failure to prove the factors beyond a reasonable doubt or the lack of a previous battery conviction (not just a charge), can result in the case being dismissed. However, not all cases are that straightforward. Oftentimes, we must implement proven effective defense tactics to dispel the State’s claims to potentially have charges lessened.

Some of the most applicable defenses in a felony battery case include:

  • Mutual combat
  • Self-defense
  • Stand Your Ground Law
  • Defense of property
  • Factual inconsistencies as to what transpired

Bring your case to us today so that we can evaluate the facts and start constructing a defense to the charges you face.

Orlando Felony Battery Defense Lawyers

The Orlando felony battery defense lawyers at The Umansky Law Firm are standing by ready to provide you with the legal services you need. Our team of Board Certified Criminal Trial Lawyers and Death Penalty Certified Lawyers boasts over 100 years of combined experience and time spent as state and federal prosecutors. With a cast of diversely talented attorneys, founder of the firm William Umansky takes the time to meet with those in search of legal counsel and pair them with the attorney best equipped to handle their case. W

Make the decision that can help protect your freedom. Contact us today at 407-228-3838 for a free case evaluation.