Battery Charges in Orlando: Why a Simple Shove Can Become a FelonyBattery

Battery charges can range from a simple misdemeanor to a serious felony punishable by life in prison. On the surface, the law seems straightforward, but in reality, a simple act can be enhanced into a life-altering charge. The criminal justice system gives prosecutors in Central Florida a wide range of options to turn a misdemeanor into a serious felony based on four key factors:

• Extent of Injury: A simple touch is a misdemeanor, but “serious bodily injury” can make it a felony.
• Type of Victim: The alleged victim’s relationship to you, age, or occupation (e.g., domestic partner, pregnant person, someone over 65, or a law enforcement officer) can dramatically increase the severity of the charge.
• Weapon Used: Using a deadly weapon or a firearm enhances the charge.
• Defendant’s Prior Record: Even a single prior battery conviction can turn a subsequent battery charge into a felony.

The basic definition of a simple battery in Florida is found in Statute 784.03. It’s defined as either:

1. Actually and intentionally touching or striking another person against their will.
2. Intentionally causing bodily harm to another person.

This sounds obvious, right? But the devil is in the details, and the most difficult legal issues arise from the many ways a prosecutor can enhance a charge.

Enhanced Battery Charges in Orlando: It’s Not Always What It Seems

A misdemeanor battery charge in Orlando can carry a maximum of one year in jail. But if the alleged victim is pregnant, that same act becomes a felony punishable by up to five years in prison. What if you didn’t even know the person was pregnant? It doesn’t matter to the prosecution. The same goes for someone over the age of 65. Battering a man may be a misdemeanor, but if he’s a senior citizen, that very same conduct becomes a felony.

This is a perfect example of how the law can seem unfair. With over three decades of experience practicing criminal defense, I’ve seen countless cases where a defendant had no way of knowing a fact that turned a misdemeanor into a felony. But the law doesn’t care about your intent in that regard.

The Uncooperative Victim: A Loaded Question

I get asked this question so often I’ve lost count: “What happens if the alleged victim doesn’t cooperate?”

This is a loaded question for a good reason. Our criminal justice system is designed to handle disputes, but sometimes, people like to work things out on their own. The state, however, is a different animal. Don’t expect the charges to be dropped just because the victim is uncooperative. The decision to file or drop charges is controlled by the State, not by the victim. In fact, one Florida prosecutor was even sued by a victim who didn’t want charges dropped.

While an uncooperative victim certainly makes for a better case for the defense, it is not the end of the story for the prosecution. They can force victims to come to court with a subpoena. And even if they do, a victim who is forced to show up might suddenly develop a foggy memory, especially if the incident was a drunken event.

Victims who wish to make their intentions known should do so by filing a sworn document called a Declination of Prosecution. Not just any affidavit will do—a skilled attorney should draft the document to ensure the wording is correct. Simply telling the court that “this was all a big misunderstanding” won’t cut it.

Be aware that a declination of prosecution can sometimes be viewed as a “recantation” of the original statement to the police. This can be tricky for everyone involved:

• It may expose the witness to criminal liability (e.g., perjury or filing a false police report).
• It also spells trouble for the prosecution, because once a witness recants, it becomes difficult for the prosecutor to admit their prior incriminating statement.

This issue gets technical and is most frequently found in domestic violence battery cases. It’s a key example of how a skilled defense attorney can challenge the state’s case.

John’s Takeaways

• A simple battery can easily become a felony. Factors like the victim’s age or relationship, or a prior conviction, can turn a misdemeanor into a serious felony.
• You don’t have to know the victim’s status. The law doesn’t care if you knew the alleged victim was pregnant or over 65; the charge can still be enhanced.
• An uncooperative victim is not a silver bullet. The decision to drop charges rests with the prosecutor, not the victim.
• A “Declination of Prosecution” can be a powerful tool. This sworn document can make a prosecutor’s case more difficult to prove, but it must be handled correctly by a knowledgeable attorney.
• The stakes are high. There are too many legal issues to list here regarding the many ways a simple battery can become something far more serious. Don’t face these charges alone.

About John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.

Call an Orlando Battery Attorney

There are too many issues to list here regarding the many different ways our government can enhance a simple battery charge into something far more serious. So, don’t face this alone, call an Orlando battery lawyer today to discuss all your options. The consultation is free, you have nothing to lose, and lots of knowledge to gain!