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Is your second battery charge always a 3 degree felony in florida?

Tampa, FL |

First one was back in 2005 (domestic) and now Im being accused of battery.

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Attorney answers 3


Your second battery charge will only be a 3rd degree felony if you have a prior conviction (regardless of whether adjudication was withheld), not a prior charge. There will likely have to be fingerprints available from the first conviction so that the state can prove up your prior conviction to a jury. If they don't have these, it is unlikely the state will file a felony charge for a simple battery with a prior conviction.


The answer is found in FL Statute 784.03 (1)(a) The offense of battery occurs when a person:
1. Actually and intentionally touches or strikes another person against the will of the other; or
2. Intentionally causes bodily harm to another person. (b) Except as provided in subsection (2), a person who commits battery commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(2) A person who has one prior conviction for battery, aggravated battery, or felony battery and who commits any second or subsequent battery commits a felony of the third degree... “conviction” means a determination of guilt that is the result of a plea or a trial, regardless of whether adjudication is withheld or a plea of nolo contendere is entered.


It depends upon the facts, circumstances and your attorney. Some State Attorney's Offices have policies requiring 2 priors. | For confidential answers on Florida law, call 1.877.452.9457. Attorney James Regan, LL.M, Esq., is a Florida lawyer answering questions pro bono. Answering these consumer questions based on limited and unverified facts does not create an attorney-client relationship. Being posted on the internet, these questions and answers are not confidential. For confidential answers on Florida law, call 1.800.452.9357.