Florida’s 3 Levels of Battery Charges: From Misdemeanor to Felony

By: John Guidry II

In Florida, a “battery” charge is not a single crime. It’s a category of offenses with three distinct levels of severity. The specific charge you face can depend on the extent of the injuries, if a weapon was used, or even your prior record. The penalties range from a misdemeanor to a felony punishable by 15 years in prison.

As a criminal defense attorney in Orlando, I want to clarify these crucial differences for you.

Charged with Battery in Orlando? The specific charge you face makes a huge difference in your defense and your future. Call my office for a consultation to understand the penalties and your legal options. Call John Guidry: (407) 423-1117

Level 1: Simple Battery (Misdemeanor)

This is the lowest-level offense and the most common type of battery charge, which includes most domestic violence battery allegations.

• The Act: Any intentional and unwanted touching of another person. It can be a push, a shove, or a grab. Critically, no injury is required for a person to be charged with simple battery.
• The Law: Florida Statute 784.03.
• Maximum Penalty: Up to 1 year in jail.

Level 2: Felony Battery (Third-Degree Felony)

A battery charge can be upgraded to a serious third-degree felony in a few different ways.

• The Act: This occurs when a simple battery has some injury (but not enough to be called ‘aggravated’) or when you have a prior conviction for battery the charge becomes enhanced to ‘felony battery.’ A common example that falls under this category is Domestic Battery by Strangulation, which is automatically a felony due to the inherent danger of cutting off someone’s airflow, regardless of injury.
• The Law: Florida Statute 784.041.
• Maximum Penalty: Up to 5 years in prison.

Level 3: Aggravated Battery (Second-Degree Felony)

This is one of the most serious violent offenses a person can be charged with in Florida.

• The Act: This charge applies in two main scenarios: 1) You intentionally cause great bodily harm, permanent disability, or permanent disfigurement to someone, OR 2) You use a deadly weapon during the battery, even if no serious injury occurs. The presence of the weapon alone “aggravates” the charge.
• The Law: Florida Statute 784.045.
• Maximum Penalty: Up to 15 years in prison. An aggravated battery is so serious that it often scores mandatory prison time even for a first offense.

Why Your Battery Charge Requires a Serious Defense

The lines between these charges can sometimes be blurry, but the difference in consequences is enormous. An experienced local attorney is essential to fight the allegations and prevent a prosecutor from improperly “upgrading” your charge to a more serious felony.

I defend all types of battery allegations here in Central Florida. If you have been arrested in Orange, Seminole, Osceola, Lake, Brevard, or Volusia County, I hope you’ll give my office a call. We would be happy to help you out.in Central Florida, so I hope you’ll give me a call should you run into trouble, we’d be happy to help you out.

Take a look at my YouTube video “Aggravated Battery with a Deadly Weapon” for more information on how a simple battery can be upgraded to something far more serious.

About the Author, 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.