How a Prosecutor’s Mistake Can Beat a Felony Battery Charge

By: John Guidry

Rude behavior is everywhere. Years ago, I had a police officer get in my face and yell (remember that Full Metal Jacket drill instructor? Like that…). Unfortunately, his yelling caused some spital to shower me in the process, and I scrubbed my face for hours. While I wasn’t able to file charges, a similar act of spitting led to a felony conviction in the recent case of Spurgeon v. State—a conviction that was ultimately overturned because of a prosecutor’s simple but fatal mistake.

This is a lesson in how we win serious cases not by arguing about what happened, but by proving the State failed to do its job.

Facing a Felony Battery Charge in Orlando? The State must prove every single element of the law, not just what happened at the scene. Call my office for a meticulous review of the evidence against you. Call John Guidry: (407) 423-1117

A Real-World Example: The South Seminole Hospital Spitting Case

The case of Spurgeon v. State, 114 So. 3d 1042 (5th DCA 2013), began when Mr. Spurgeon, who was being aggressive and disruptive in the emergency room, had to be restrained by security. After calming down, he tried to leave, but four security guards blocked his path. In the ensuing struggle, Spurgeon spat in one of the guards’ faces.

Spitting on someone is a simple misdemeanor battery. However, Florida law “upgrades” this charge to a serious felony if the victim is a protected professional. In this case, Spurgeon was charged and convicted of felony “Battery on an Emergency Medical Care Provider.”

The “Failure of Proof” Defense: A Prosecutor’s Lazy Mistake

At the end of the trial, Spurgeon’s attorney asked the judge to throw out the felony charge, and the judge refused. The case was appealed. The appellate court looked at the very specific legal definition of an “emergency medical care provider” under Florida Statute 784.07.

The law states that the term includes employees of a “hospital, as defined in chapter 395.” To prove its case, the prosecutor had to present evidence of every element. They proved the victim was a security guard and that she worked at South Seminole Hospital. But they made one lazy mistake: they never presented any evidence or asked a single question to legally establish that South Seminole Hospital was, in fact, a “hospital” as defined by the law (a place offering facilities and beds for use beyond 24 hours, etc.).

The Result: Felony Conviction Overturned

The appellate court threw out the felony conviction. They ruled that because the State failed to introduce legally sufficient evidence to prove one of the key elements of the crime, the conviction could not stand. Mr. Spurgeon now gets a new trial, but only on the far less serious misdemeanor charge of simple battery.

John’s Takeaways

• Felony “Upgrade” charges have very specific elements. When a misdemeanor like battery is upgraded to a felony because of the victim’s profession, the prosecutor has the high burden of proving every single element defined in the statute.
• A “Failure of Proof” is a powerful defense. Winning a case isn’t always about arguing innocence; it’s often about showing that the State’s attorney was lazy or sloppy and failed to prove their case.
• In Spurgeon v. State, a felony conviction was overturned because the prosecutor simply forgot to ask the questions necessary to prove the location was legally a “hospital.”
• A meticulous defense attorney scrutinizes every detail. A good lawyer doesn’t just look at the facts of the incident; they look at the legal elements of the statute and hold the State to its burden of proof.

I have been defending clients against serious felony charges in Orange, Seminole, Osceola, Lake, Brevard, and Volusia County since 1993. If you are facing a serious charge, you need an attorney who will examine every word of the law and every piece of the State’s evidence. Call my office.

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.