Florida criminal charge
Battery; felony battery in Florida
Battery; felony battery is a criminal offense under Florida law, defined by Fla. Stat. § 784.03. Its classification is not fixed: Florida assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Fla. Stat. § 784.03.
What is the penalty for battery; felony battery in Florida?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 1 year (Battery (simple) — A person who commits battery, except as provided in subsection (2) or (3), commits a misdemeanor of the first degree.; county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $1,000 (Battery (simple) — A person who commits battery, except as provided in subsection (2) or (3), commits a misdemeanor of the first degree.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 5 years (Felony battery — prior conviction — A person with one prior conviction for battery, aggravated battery, or felony battery who commits any second or subsequent battery commits a felony of the third degree.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Felony battery — prior conviction — A person with one prior conviction for battery, aggravated battery, or felony battery who commits any second or subsequent battery commits a felony of the third degree.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 5 years (Battery in furtherance of a riot — A person who commits a battery in furtherance of a riot or an aggravated riot commits a felony of the third degree.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Battery in furtherance of a riot — A person who commits a battery in furtherance of a riot or an aggravated riot commits a felony of the third degree.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
Applies to current (2025 Florida Statutes).
How is battery; felony battery classified in Florida?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Battery (simple) | Misdemeanor of the First Degree | A person who commits battery, except as provided in subsection (2) or (3), commits a misdemeanor of the first degree. | Fla. Stat. § 784.03(1)(b) |
| Felony battery — prior conviction | Felony of the Third Degree | A person with one prior conviction for battery, aggravated battery, or felony battery who commits any second or subsequent battery commits a felony of the third degree. | Fla. Stat. § 784.03(2) |
| Battery in furtherance of a riot | Felony of the Third Degree | A person who commits a battery in furtherance of a riot or an aggravated riot commits a felony of the third degree. | Fla. Stat. § 784.03(3) |
Common questions about battery; felony battery in Florida
Is battery; felony battery a felony or a misdemeanor in Florida?
It depends on the circumstances: battery; felony battery ranges from a Misdemeanor of the First Degree to a Felony of the Third Degree in Florida under Fla. Stat. § 784.03.
Battery (simple): Misdemeanor of the First Degree (Fla. Stat. § 784.03(1)(b)) · Felony battery — prior conviction: Felony of the Third Degree (Fla. Stat. § 784.03(2)) · Battery in furtherance of a riot: Felony of the Third Degree (Fla. Stat. § 784.03(3))
What are the penalties for battery; felony battery in Florida?
Penalties for battery; felony battery in Florida depend on how it is classified — from a Misdemeanor of the First Degree up to a Felony of the Third Degree — with the ranges set by Fla. Stat. § 775.082; the full table of ranges by variant is published on this page.
Which Florida statute covers battery; felony battery?
Battery; felony battery is governed by Fla. Stat. § 784.03 (Battery; felony battery).
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.