Criminal Defense
Since 1993
Since 1993
What is “Great Bodily Harm” in a Florida Battery Case?
By: John Guidry
Orlando sees its fair share of battery arrests. To make matters worse, prosecutors often overcharge these cases, turning a simple misdemeanor battery into a serious felony, “Aggravated Battery Causing Great Bodily Harm.” So where does the law draw the line? What kind of injury is legally considered “great bodily harm” and what is just a simple battery?
A recent Florida case provides a clear answer.
Charged with Aggravated Battery in Orlando? The State must prove the injury was more than just minor bruising. An experienced attorney can challenge the evidence and fight an overcharged felony. Call my office. Call John Guidry: (407) 423-1117
A Real-World Example: When Bruises Are NOT “Great Bodily Harm”
The case of Gordon v. State, 2011 WL 6016913 (Fla. 3rd DCA 2011), began when Mr. Gordon was accused of hitting his girlfriend with his hand and a belt, causing bruises on her body. The girlfriend did not seek medical treatment, and the bruises eventually healed on their own.
A jury found him guilty of Aggravated Battery, deciding that the bruising constituted “great bodily harm.” However, the appellate court overturned the conviction and threw out the felony charge.
The Legal Standard: What Florida Courts Look For
The appeals court in Gordon ruled that the jury’s verdict was not supported by the evidence. They reasoned that simple bruising that heals without medical treatment does not rise to the high legal standard of “great bodily harm.”
To make their point, they looked to other cases, like C.A.C. v. State, 771 So.2d 1261 (Fla. 2d DCA 2000). In that case, an aggravated battery conviction was overturned even though the victim was stabbed with a fork two or three times. Why? Because the resulting scratches and puncture marks did not require medical treatment and had no lasting ill effects.
These cases show that for an injury to be considered “great bodily harm,” courts are generally looking for:
- An injury serious enough to require professional medical treatment.
- An injury that causes lasting ill effects, like a permanent disability or disfigurement.
John’s Takeaways
- Prosecutors often overcharge misdemeanor battery as felony Aggravated Battery by exaggerating the severity of an injury.
- To be legally considered “great bodily harm,” an injury must be significantly more than just simple bruising or minor cuts.
- Courts look for key factors like the need for medical treatment or lasting ill effects (such as permanent scarring or disability).
- In real Florida cases, even being stabbed with a fork has been found not to be “great bodily harm” when the injuries were superficial and healed on their own.
- An attorney with a deep knowledge of this case law can get a felony conviction overturned by arguing that a jury’s emotional verdict is not supported by the legal facts.
Thank God for the appeals courts. Sometimes, they make the right decision, and this was one of those times. If you are facing an overcharged battery case in Orange, Seminole, Osceola, Lake, Brevard, or Volusia County, call my office. I have been making these exact legal arguments for my clients since 1993.s one of those times.
If you prefer watching a video over reading, we’ve got you covered, check out my video entitled “Aggravated Battery Causing Great Bodily Harm.”
Or, if you prefer to read a bit more, here’s a link to more info: https://www.jgcrimlaw.com/video-transcripts/what-is-aggravated-battery-great-bodily-harm/
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.