Law is not black or white, it's grey


Felony Battery

For the government to prove felony battery, they must prove a misdemeanor battery (actual and intentional touching or striking of someone and it was against their will) and they must prove that it caused great bodily harm, permanent disability, or permanent disfigurement.

Unlike a misdemeanor battery where no physical harm is required for proof beyond a reasonable doubt, felony battery requires harm.  There is one exception.  If the defendant has a prior battery conviction, the state of Florida may charge felony battery based on the prior conviction and no harm need be proven.  

Felony battery is punishable by up to five years prison. The term “great bodily harm” is not readily identifiable and is sometimes hard for the state of Florida to prove. I have successfully litigated felony battery cases based on that as well as other defenses like self-defense under Florida's stand your ground law, defense of others and defense of property.