Arrestable Offenses / Crimes under Fla. Stat. 784.041
S784.041 1 - BATTERY - REVISED. SEE REC #6279 - F: T
S784.041 1 - BATTERY - RENUMBERED. SEE REC # 8518 - F: T
S784.041 3 - BATTERY - REVISED. SEE REC # 6894, REC #6895 - F: T
S784.041 3 - BATTERY - RENUMBERED. SEE REC # 9048 - F: T
S784.041 3 - BATTERY - RENUMBERED. SEE REC # 9049 - F: T
S784.041 2a - BATTERY - RENUMBERED. SEE REC # 8519 - F: T
S784.041 2a - BATTERY - RENUMBERED. SEE REC # 9349 - F: T
CopyCited 43 times | Published | Court of Appeals for the Eleventh Circuit | 2007 U.S. App. LEXIS 11347, 2007 WL 1412239
...convictions for aggravated battery on a pregnant woman. The court then examined
the Florida statute defining the offense of aggravated battery on a pregnant woman,
Fla. Stat. §
784.045, determined that this offense met the definition of felonious
battery, in violation of Fla. Stat. §
784.041, and concluded that aggravated battery
on a pregnant woman was a crime of violence for purposes of the enhancement.
3
Regarding the lack of a fast-track program in the Middle District of Flor...
CopyCited 41 times | Published | Supreme Court of Florida | 2000 WL 329427
...ases involving child victims of sexual abuse. See Heuring v. State,
513 So.2d 122 (Fla.1987); Saffor v. State,
660 So.2d 668 (Fla.1994); State v. Rawls,
649 So.2d 1350 (Fla.1994). [2: A New Instruction for the Crime of Felony Battery] FELONY BATTERY §
784.041 Fla....
...(Defendant) actually and intentionally touched or struck (victim) against [his][her] will; and 2. (Defendant) caused(victim)great bodily harm, permanent disability, or permanent disfigurement Lesser Included Offenses Category One: Battery Category Two: None ________ Comment This instruction is based on the text of section 784.041, Florida Statutes, (1997), and generally patterned after the standard instructions on battery and aggravated battery....
CopyCited 39 times | Published | Court of Appeals for the Eleventh Circuit
other felony-battery statute, Fla. Stat. §
784.041 , "which includes the additional element
CopyCited 29 times | Published | Supreme Court of Florida | 2006 WL 1838948
...It provides that "[i]n addition to any sanction imposed when a person pleads ... nolo contendere to ... a violation of ... s.
784.03, ... the court shall impose a surcharge of $151." (Emphasis added.) In this case, the State originally charged V.K.E. with felony battery under section
784.041, Florida Statutes (2002)....
...Many of the offenses triggering the surcharges, enumerated in sections
938.08 and
938.085, are unrelated to rape, sexual assault, or domestic violence. See §
784.011, Fla. Stat. (2005) (assault); §
784.021, Fla. Stat. (2005) (aggravated assault); §
784.03, Fla. Stat. (2005) (battery); §
784.041, Fla....
CopyCited 24 times | Published | Florida 5th District Court of Appeal | 2004 WL 1530876
...Dep't of Health & Rehabilitative Svcs.,
354 So.2d 81 (Fla. 1st DCA 1977). In summary, we decline the State's belated invitation to consider the new argument and make no decision on its merits. MOTION FOR REHEARING DENIED. PETERSON, GRIFFIN and PALMER, JJ., concur. NOTES [1] §
784.041, Fla....
CopyCited 18 times | Published | Court of Appeals for the Eleventh Circuit
...law82 and for “assault[ing] another and inflict[ing] substantial bodily harm” under
Minnesota law. 83 But it would include the Florida offense of “[u]nlawful
78
Restoring the Armed Career Criminal Act, S. 3335, 115th Cong. § 2 (2018).
79
Fla. Stat. §
784.041(1).
80
Id. §
775.082(3)(e).
81
Id. §
784.041(1)(b).
82
Id. §
784.041(2)(a).
83
Minn....
CopyCited 17 times | Published | Supreme Court of Florida | 33 Fla. L. Weekly Supp. 836, 2008 Fla. LEXIS 1974, 2008 WL 4587203
...--------------------------------------- Assault
784.011 8.1 ----------------------------------------------------------------------------- Battery
784.03 8.3 ----------------------------------------------------------------------------- Felony battery
784.041 8.5 ----------------------------------------------------------------------------- Culpable negligence
784.05(2) 8.9 ----------------------------------------------------------------------------- Culpable negligence
784.05(1) 8.9 --------------...
...----------------- Culpable negligence
784.05(2) 8.78.9 ------------------------------------------------------------------------ Culpable negligence
784.05(1) 8.9 ------------------------------------------------------------------------ Felony battery
784.041 8.5 ------------------------------------------------------------------------ Aggravated battery
784.045 8.4 ------------------------------------------------------------------------ Aggravated assault
784.021 8.2 ------------------------------...
...---------------------- Comment Culpable negligence is a Category Two lesser included offense of both vehicular and vessel homicide. This instruction was adopted in 1981 and amended in 1989,and 2006, and 2008. 8.5(a) DOMESTIC BATTERY BY STRANGULATION § 784.041(2)(a), Fla....
...iding or have in the past resided together in the same single dwelling unit. "Dating relationship" means a continuing and significant relationship of a romantic or intimate nature. Lesser Included Offenses FELONY DOMESTIC BATTERY BY STRANGULATION 784.041(2)(a) ----------------------------------------------------------------- CATEGORY ONE CATEGORY TWO FLA....
...ATEGORY ONE CATEGORY TWO FLA. STAT INS. NO. ------------------------------------------------------------------------------- Aggravated battery
784.045 8.4 ------------------------------------------------------------------------------- Felony battery
784.041 8.5 ------------------------------------------------------------------------------- Battery on enforcement
784.07(2)(b) 8.11 officer ------------------------------------------------------------------------------- Battery
784.03 8.3 ----------...
CopyCited 13 times | Published | Court of Appeals for the Eleventh Circuit
...Fla. Stat. §
784.021; (2)
resisting an officer with violence in violation of Fla. Stat. §
843.01; (3) third-
degree felony battery in violation of Fla. Stat. §
784.03; and (4) felony battery
causing great bodily harm in violation of Fla. Stat. §
784.041....
...therefore has at least two prior predicate offenses. He contends, however, that
neither his felony battery conviction under Florida Statute §
784.03 nor his
conviction for felony battery causing great bodily harm in violation of Florida
Statute §
784.041 constitutes a “violent felony” as defined by the ACCA....
...or threatened use of physical
force against the person of another.” 18 U.S.C. § 924(e)(2)(B)(i). After issuance
of the original panel opinion in this case, our court, en banc, addressed the question
whether felony battery under Florida Statute §
784.041 has as an element the use,
attempted use, or threatened use of physical force. We concluded that it did. See
Vail-Bailon,
868 F.3d at 1308.
Vail-Bailon focused on whether Florida Statute §
784.041 constituted a
crime of violence under the Sentencing Guidelines....
...The elements clause defining a
crime of violence in the Guidelines, however, is identical to the elements clause
defining a violent felony for ACCA purposes.14 In short, having held that, for
Guidelines’ purposes, felony battery under Florida Statute § 784.041 categorically
14
The Sentencing Guidelines, in pertinent part, defines a “crime of violence” as any offense that
“has as an element the use, attempted use, or threatened use of physical force against the person
of another.” U.S.S.G....
CopyCited 13 times | Published | Florida 4th District Court of Appeal | 2001 WL 803023
...trial judge's proper task to review the evidence to determine the presence or absence of competent proof from which the jury could infer guilt to the exclusion of all other inferences." Id. at 93-94 (citations omitted). Felony battery is defined by section 784.041, Florida Statutes (1999), as follows: (1) A person commits felony battery if he or she: (a) Actually and intentionally touches or strikes another person against the will of the other; and (b) Causes great bodily harm, permanent disability, or permanent disfigurement....
CopyCited 11 times | Published | Florida 2nd District Court of Appeal | 2007 WL 3034832
permanent disability, or permanent disfigurement. §
784.041(1). Finally, aggravated battery occurs when a
CopyCited 11 times | Published | Court of Appeals for the Eleventh Circuit | 2017 WL 3667647, 2017 U.S. App. LEXIS 16283
...delines. Defendant Eddy Wilmer Vail-Bailon was convicted in 2014 of illegally reentering the United States, in violation of 8 U.S.C. §§ 1326 (a) and (b)(1), after having been deported following a conviction for felony battery under Florida Statute § 784.041....
...y as a crime of violence under § 2L1.2 of the Guidelines. Thus, we affirm and reinstate Vail-Bailon’s sentence. BACKGROUND Vail-Bailon, a citizen of Guatemala, was deported in 2008 following his conviction for felony battery under Florida Statute § 784.041....
...viously deported after being convicted of a felony that is a crime of *1296 violence. • • ' U.S.S.G. § 2L1.2(b)(l)(A)(ii)(2014). 1 Over Vail-Bail-on’s objection, the district court concluded that felony battery as set forth in Florida Statute § 784.041 qualifies as a crime of violence under § 2L1.2, and that the enhancement thus applied to Vail-Bailon. As enhanced, Vail-Bailon’s advisory guidelines range was 37 to 46 months. He was sentenced to 37 months. As noted, on appeal, a divided panel of this Court agreed with Vail-Bailon that Florida felony, battery under § 784.041 does .not constitute a crime of violence....
...capable of causing physical pain or injury to another person.” Curtis Johnson,
559 U.S. at 140 ,
130 S.Ct. 1265 (underlined emphasis added). However, in- contrast with this case, which involves a felony battery • conviction under Florida Statute §
784.041, 7 Curtis Johnson examined *1298 whether a conviction for simple battery-under Florida Statute - §
784.03 satisfied the elements clause of the Armed Career Criminal Act (“ACCA”), 18 U.S.C....
...As defined by Florida Statute § 784:041, 10 a person commits felony battery if he: (l)(a) [a]ctually and intentionally touches or strikes another person against the will of the other; and (b) [c]auses great bodily harm, permanent disability, or permanent disfigurement. Fla. Stat. § 784.041 (1) (emphasis added). Thus, in addition to touching or striking a victim against his will, an offender must also cause the victim to suffer significant bodily harm in order to be convicted of felony battery under § 784.041....
...eneral intent. See id.) Lewis v. State,
817 So.2d 933, 934 (Fla. 4th D.C.A. 2002) (noting that Florida felony battery is a general intent crime). II. Analysis The question raised by this appeal is whether felony battery as defined by Florida Statute §
784.041 necessarily requires the use of physical force, and thus categorically qualifies as a crime of violence under the elements clause of § 2L1.2....
...— that is, force capable of causing physical pain or injury.” Curtis Johnson,
559 U.S. at 140 ,
130 S.Ct. 1265 . We now analyze under that standard the Florida felony battery statute and Florida caselaw interpreting it. *1303 B. Florida Statute §
784.041 necessarily requires the use of force “capable of causing physical pain or injury.” 1. Florida Caselaw. By its plain terms, felony battery in violation of Florida Statute §
784.041 requires the use of physical force as defined by Curtis Johnson . To be convicted under §
784.041, an offender must intentionally use force — a touch or a strike— that is against the victim’s will and that causes the victim to suffer great bodily harm. See Fla. Stat. §
784.041 (1). As noted, we conclude that intentional force— even of the touching variety — that in fact causes “great bodily harm, permanent disability, or permanent disfigurement,” as required to sustain a conviction under §
784.041, necessarily constitutes force that is capable of causing pain or injury....
...2003) (finding insufficient evidence of great bodily harm where the defendant shot the victim with a stun gun, causing burn marks but no lasting ill effects). In short, slight discomfort and minor. injuries do not satisfy the great bodily harm element of § 784.041....
...tes, and thus do not constitute physical force for purposes of those statutes. Id. at 219 . Since Hearns , and with the benefit of its reasoning, the Florida appellate courts uniformly have concluded that felony battery as defined by Florida Statute §
784.041 categorically qualifies as a predicate under the PRR and VCC statutes because it “cannot be committed without the use of physical force or violence.” Dominguez v. State,
98 So.3d 198, 200 (Fla. 2d D.C.A. 2012); see also Brooks v. State,
93 So.3d 402, 403 (Fla. 2d D.C.A. 2012) (holding that felony battery in violation of §
784.041 is a qualifying offense for PRR sentencing); State v. Williams,
9 So.3d 658, 660 (Fla. 4th D.C.A. 2009) (noting that §
784.041 cannot be violated “without the use or threat of physical force or violence” (internal quotation marks omitted)). In reaching this conclusion, the Florida- courts have distinguished between simple battery under §
784.03, which requires nothing more than a slight unwanted touch, and felony battery under §
784.041, which requires a touch or strike sufficient to inflict great bodily harm. Compare Williams,
9 So.3d at 660 (clarifying that when the statutory elements' of § -
784.041 are satisfied, felony battery qualifies for PRR sentencing), and Spradlin v....
...nsistent with the definition set forth in Curtis Johnson (2) in the context of a state sentencing .provision that is indistinguishable from the federal elements clause, (3) Florida courts have held that felony battery in violation of Florida Statute §
784.041 “cannot be committed without the use of physical force or violence.” 'Dominguez,
98 So.3d at 200 ....
...be accomplished by “any intentional touching, no matter ' how slight.” Hearns,
961 So.2d at 218 . That holding is entirely consistent with Dominguez, Williams, and Brooks because, in order to be convicted of felony battery under Florida Statute §
784.041, the defendant must touch or strike the victim in a manner that causes not just offense or slight discomfort but great bodily harm....
...Indeed, as noted, the Florida appellate courts have on this basis distinguished felony battery from simple battery for purposes of the PRR and VCC statutes. See Williams,
9 So.3d at 659-60 (distinguishing the defendant’s felony battery conviction under §
784.041 from the second offense simple battery conviction at issue in Spradlin)....
...The hypothetical proffered by Vail-Bailon do not alter our conclusion. Contrary to every Florida court that has considered, the issue, Vail-Bailon argues that Florida felony battery, does not categorically require the use of physical force because it is possible for an offender to violate Florida Statute § 784.041 by engaging in conduct that consists of no more than a slight touch or nominal contact....
...kin of a victim who has an unknown allergy, unexpectedly triggering an allergic reaction that results in serious injury. According to Vail-Bailon, because the offender in each of these scenarios could conceivably be prosecuted under. Florida Statute § 784.041, even though the force used by the offender is minimal, the statute therefore flunks the physical force test. The defendant in the Douglas case made essentially the same arguments, and the Seventh Circuit rejected these farfetched *1306 hypotheticals, as do we. First, there is no support in Florida law for the idea that Florida Statute § 784.041 is designed to criminalize the conduct described in the proffered hypotheticals....
...long causal chain that ends in serious injury”). To our knowledge, there is likewise no case in which tapping, tickling, or lotion-applying — or any remotely similar conduct — has been held to constitute a felony battery under Florida Statute § 784.041....
...pe of touching that has resulted in felony battery convictions is more along the lines of strangling, dragging, and biting. See Williams,
9 So.3d at 659 ; Harris,
111 So.3d at 923-24 . Nor has Vail-Bailon shown that prosecution under Florida Statute §
784.041 for the conduct described in the hypotheticals is a realistic probability....
...at Florida felony battery lacks the requirement of physical force necessary to. satisfy the elements clause of § 2L1.2. 3. Our conclusion is consistent with Leocal. Finally, we reject Vail-Bailon’s argument that a conviction under Florida Statute § 784.041 cannot satisfy the- elements clause under the Supreme Court’s reasoning in Leocal v....
...As Douglas noted in rejecting a similar Leocal challenge, “Indiana’s statute makes intent to use force an element of the offense; that satisfies the elements clause as Leocal understands it.” Douglas,
858 F.3d at 1072 . Likewise, by its terms, Florida Statute §
784.041 requires an intentional use of force — a touch or a strike — that is against the victim’s will and that causes the victim to suffer great bodily harm. Fla. Stat. §
784.041 (1)....
...And, unlike the' DUI offense at issue in Leocal , felony battery is exactly the type of “violent, active crime[]” that the elements clause is designed to encompass. Leocal,
543 U.S. at 11 ,
125 S.Ct. 377 . Accordingly, .our conclusion that felony battery in violation of §
784.041 qualifies as a crime of violence under the elements clause of § 2L1.2 comports with the Supreme Court’s reasoning in Leocal....
...a person who knowingly or intentionally touches another person in a forbidden manner” (internal quotation marks omitted)). CONCLUSION For the above reasons, we hold that Vail-Bailon’s conviction for felony battery in violation of Florida Statute § 784.041 qualifies as a crime of violence under the elements clause of the operative version of § 2L1.2 of the Sentencing Guidelines....
...s to the Guidelines ,.. are not applied retroactively on direct appeal.”). . Shepard v. United States,
544 U.S. 13 ,
125 S.Ct. 1254 ,
161 L.Ed.2d 205 (2005). . The majority in the now-vacated panel opinion in this case assumed that Florida Statute §
784.041 is divisible because it can be violated either by touching or by striking. But given the lack of Shepard documents, the panel was unable to apply the modified categorical approach. Because we hold that Florida felony battery under §
784.041 categorically qualifies as a crime of violence, we need not reach the question whether the statute is divisible....
...ed simple battery by actually and intentionally touching his victim, which the Court identified as the least of the acts criminalized by the simple battery statute. See Curtis Johnson,
559 U.S. at 137 ,
130 S.Ct. 1265 . .Florida felony battery under §
784.041, which requires a battery that causes great bodily harm, permanent disability, or permanent disfigurement, should, be distinguished from Florida felony battery under §
784.03(2), which punishes as a recidivist an offender who has more than one prior battery conviction, and Florida felony battery under §
784.07(2)(b), which applies to an offender who has committed simple battery against a certain kind of victim, such as a police officer. Unless stated otherwise, we are referring to §
784.041 when we use the term "felony battery.” ....
CopyCited 9 times | Published | Florida 4th District Court of Appeal | 2002 WL 985345
...LaFrance, Assistant Attorney General, West Palm Beach, for appellee. ON MOTION FOR REHEARING PER CURIAM. The motion for rehearing is denied. We withdraw our former opinion and substitute the following. James Lewis was convicted of felony battery in violation of section 784.041 of the Florida Statutes (1999)....
...State, we find that the constitutionality of the statute should not be addressed *934 in this case.
810 So.2d 1072 (Fla. 4th DCA 2002) (recognizing that battery is a general intent crime). The element of intent in felony battery is identical to simple battery. Compare §
784.041(1) with §
784.03(1)(a), Fla....
CopyCited 7 times | Published | Court of Appeals for the Eleventh Circuit
disability, or permanent disfigurement.” Fla. Stat. §
784.041(1). As the panel opinion acknowledges and I have
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 2003 WL 21471728
...lity, or permanent disfigurement. Fla. Std. Jury Instr. (Crim.) Felony Battery. The prosecutor argued to the court during the discussions about the proper charge to the jury, and defense counsel generally agreed, that in 1997 the legislature enacted section 784.041, defining the crime of felony battery, to fill the gap between simple battery and aggravated battery....
...NOTES [1] Although mooted by our disposition in reversing the conviction, the State properly conceded the second issue, that victim death points were wrongly added to the defendant's sentencing guidelines scoresheet. See Key v. State,
779 So.2d 525 (Fla. 2d DCA 2000). [2] §
784.041, Fla....
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 20857, 2011 WL 6847813
...ined that Appellant actually and intentionally touched or struck Young *383 against her will, resulting in great bodily harm, permanent disability, or permanent disfigurement, but that he did not intentionally or knowingly cause the victim harm. See § 784.041(1), Fla....
CopyCited 7 times | Published | Florida 4th District Court of Appeal | 2007 WL 4338863
...Under section
784.03(1)(a)1, a person who "intentionally touches or strikes another person against the will of the other" commits a battery which is a misdemeanor. If the striking causes "great bodily harm, permanent disability, or permanent disfigurement" the battery is a third degree felony. §
784.041....
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 2001 WL 1434657
...Butterworth, Attorney General, Tallahassee, and Anthony J. Golden, Assistant Attorney General, Daytona Beach, for Appellee. SAWAYA, J. Isaac Smith appeals his conviction and sentence imposed after a jury found him guilty of the offense of felony battery in violation of section 784.041, Florida Statutes (1997)....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 2007 WL 1097953
...and discharges a firearm causing death or great bodily harm to any person during the commission of the offense). ___ did not result in great bodily harm to Marcia Radway ___ Guilty of Felony Battery, a lesser included Degree of Felony: Third Degree. § 784.041(2) (providing that felony battery is a third-degree felony)....
...Sanders did not discuss the appropriate order of offenses that are of the same degree. Attempted manslaughter and aggravated assault are both third-degree felonies without respect to reclassification. §§
782.07(1),
777.04(4)(d),
784.021(2). Felony battery is also a third-degree felony. §
784.041(2)....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 2941, 2009 WL 838274
...entence. Certainly, that will depend on whether the statutory elements of section 784.01, Fla. Stat (2006) are satisfied. See Thomas v. State,
983 So.2d 746, 747 (Fla. 4th DCA 2008). Here, the defendant was adjudicated guilty of felony battery under section
784.041, Florida Statutes (2005), which requires great bodily harm, permanent disability, or permanent disfigurement....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2008 WL 4682525
...ent or material to what the jury was required to consider in order to convict Wolfork of the offense of aggravated battery on a law enforcement officer. In fact, the trial court essentially instructed the jury on the elements of felony battery under section 784.041....
CopyCited 4 times | Published | Court of Appeals for the Eleventh Circuit
other person. Fla. Stat. §
784.041(2)(a). Phrased differently, §
784.041(2)(a) requires proof that the
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 2000 WL 31819
...Butterworth, Attorney General, Tallahassee, and Alfred Washington, Jr., Assistant Attorney General, Daytona Beach, for Appellee. GRIFFIN, J. B.F. appeals the denial of his motion to withdraw his plea and his resulting sentence. On April 14, 1999, B.F. was arrested for felony battery, a third-degree felony. § 784.041, Fla....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2000 WL 174607
...Butterworth, Attorney General, Tallahassee, and Don M. Rogers, Assistant Attorney General, West Palm Beach, for appellee. STEVENSON, J. Appellant V.M. challenges an order withholding adjudication of delinquency but finding him guilty of felony battery pursuant to section 784.041, Florida Statutes (1999), for hitting his teacher during a fight with another student....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2000 WL 1505115
...did then and there commit a battery upon [the victim] by actually and intentionally touching or striking [her] against her will and the commission of this offense evidences prejudice based on ... sexual orientation... of [the] victim ... contrary to F.S. 784.041, F.S....
...4th DCA Feb.2, 2000)(holding a conviction on a charge not made by the indictment or information is a denial of due process of law) (citations omitted). However, fundamental error did not occur in this case. While the body of the information did not trace the language of the felony battery statute, section 784.041, Florida Statutes *705 (1999), [1] it expressly referenced this statute and, as such, was legally sufficient....
...3d DCA 1995) (holding depositions or police affidavits were sufficient to support a factual basis otherwise stipulated to by the parties in an attempt to vacate a plea based upon a lack of voluntariness in entering the plea). Accordingly, we affirm. AFFIRMED. GUNTHER and STONE, JJ., concur. NOTES [1] Section
784.041 provides, (1) A person commits felony battery if he or she: (a) Actually and intentionally touches or strikes another person against the will of the other; and (b) Causes great bodily harm, permanent disability, or permanent disfigurement. (2) A person who commits felony battery commits a felony of the third degree, punishable as provided in s.
775.082, s.
775.083, or s.
775.084. §
784.041, Fla....
CopyCited 3 times | Published | Court of Appeals for the Eleventh Circuit
...n the then-pending appeal in United States v. Vail-Bailon , No. 15-10351 (11th Cir.). Gandy's sentencing was then rescheduled for after we decided that appeal. In August 2017, we issued our opinion in Vail-Bailon that felony battery under Fla. Stat. § 784.041 categorically qualifies as a crime of violence under the Sentencing Guidelines....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2012 WL 2471095, 2012 Fla. App. LEXIS 10589
KHOUZAM, Judge. Albert Edwin Brooks, Jr., appeals his judgment and sentence for felony battery. He argues that the trial court erred by sentencing him as a Prison Releasee Reof-fender (PRR) because the offense of felony battery under section
784.041, Florida Statutes (2010), is not a qualifying offense for PRR sentencing under section
775.082, Florida Statutes (2010). We hold that the offense of felony battery under section
784.041 is a qualifying offense for PRR sentencing, and we affirm....
...However, section
775.082(9)(a)(1)(o) contains a catch-all provision which states “[a]ny felony that involves the use or threat of physical force or violence against an individual” is a qualifying offense. Felony battery falls under this catch-all provision. The felony battery statute, section
784.041, provides as follows: (1) A person commits felony battery if he or she: (a) Actually and intentionally touches or strikes another person against the will of the other; and (b) Causes great bodily harm, permanent disability, or permanent disfigurement....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 12164, 2010 WL 3238999
...unless a contrary intent clearly appears."). Section
784.03(1) defines "battery" as "[a]ctually and intentionally touch[ing] or strik[ing] another person against the will of the other; or ... [i]ntentionally caus[ing] bodily harm to another person." Section
784.041(1) defines "felony battery" as "[a]ctually and intentionally touch[ing] or strik[ing] another person against the will of the other; and ......
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2012 WL 4222148, 2012 Fla. App. LEXIS 15872
...State,
971 So.2d 271, 272 (Fla. 1st DCA 2008) (“simple battery reclassified merely because of the offender’s prior battery conviction ... can never be a forcible felony, and so will not support a prison releasee reoffender ... sentence”). By contrast, felony battery under section
784.041 — which requires that the defendant cause great bodily harm, permanent disability, or permanent disfigurement to the victim — does qualify for PRR sentencing because it cannot be committed without the use of physical force or violence....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2014 Fla. App. LEXIS 6938, 2014 WL 1876153
...The court used the charged offense and its lesser offense as the forcible felonies when explaining the forcible felony exception to the defense of justifiable use of nondeadly force. *596 Mr. Mickens was charged with two counts: (1) battery, §
784.03(1), Fla. Stat. (2011), of a female victim, and (2) felony battery, §
784.041(1), of her male friend....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2011 Fla. App. LEXIS 7195, 2011 WL 1878004
...cut the victim with a razor blade. At the conclusion of the hearing, the trial court concluded that the evidence was insufficient to find that V.C. had committed an aggravated battery, the charged offense, but did support a felony battery adjudication under section 784.041, a lesser included offense of aggravated battery. See § 784.041, Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2013 WL 1235888, 2013 Fla. App. LEXIS 5078
...Count I, charging felony battery, alleged that Appellant did unlawfully commit battery upon LESLEY M LANG by actually and intentionally touching or striking said person against said person’s will, and caused great bodily harm, permanent disability, or permanent disfigurement to LESLEY M LANG, in violation of Section 784.041, Florida Statutes....
...member, or a person with whom [Appellant] is in a dating relationship, and did create a risk of or cause great bodily harm by applying pressure on the throat or neck of LESLEY M LANG or by blocking the nose or mouth of LESLEY M LANG, in violation of Section 784.041(2)(a) and (3), Florida Statutes....
...The third exception applies here. Felony battery occurs when a person “(a) [actually and intentionally touches or strikes another person against the will of the other; and (b) [clauses great bodily harm, permanent disability, or permanent disfigurement.” § 784.041(1), Fla....
CopyCited 1 times | Published | Supreme Court of Florida | 31 Fla. L. Weekly Supp. 505, 2006 Fla. LEXIS 1475
originally charged V.K.E. with felony battery under section
784.041, Florida Statutes (2002). However, the State
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 12, 2010 WL 21171
...He then put his hands around her neck, strangling her to the point that she had trouble breathing. Thereafter, he dragged her into the bathroom and told her not to leave the room or he would hurt her. As a result of this arrest, he was charged with the third-degree felony of domestic battery by strangulation. See § 784.041(2)(a), Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2015 Fla. App. LEXIS 13207, 2015 WL 5166274
...discovery violation, the court erroneously failed to consider any less severe alternatives
to this ultimate sanction.
The State charged Ryan Thomas Sullivan in October 2012 with battery
resulting in great bodily harm, a felony battery under section 784.041(1), Florida
Statutes (2012)....
CopyPublished | Court of Appeals for the Eleventh Circuit
...law82 and for “assault[ing] another and inflict[ing] substantial bodily harm” under
Minnesota law. 83 But it would include the Florida offense of “[u]nlawful
78
Restoring the Armed Career Criminal Act, S. 3335, 115th Cong. § 2 (2018).
79
Fla. Stat. §
784.041(1).
80
Id. §
775.082(3)(e).
81
Id. §
784.041(1)(b).
82
Id. §
784.041(2)(a).
83
Minn....
CopyPublished | Court of Appeals for the Eleventh Circuit
...law82 and for “assault[ing] another and inflict[ing] substantial bodily harm” under
Minnesota law. 83 But it would include the Florida offense of “[u]nlawful
78
Restoring the Armed Career Criminal Act, S. 3335, 115th Cong. § 2 (2018).
79
Fla. Stat. §
784.041(1).
80
Id. §
775.082(3)(e).
81
Id. §
784.041(1)(b).
82
Id. §
784.041(2)(a).
83
Minn....
CopyPublished | Court of Appeals for the Eleventh Circuit
.... .; (AND)
(2) The defendant did so intentionally.
Ala. Pattern Jury Instr. - Crim. Proceedings § 13A-6-20(a)(2).
This Court sitting en banc recently held that a similar offense -- felony
battery as set forth in Florida Statutes § 784.041 -- is a crime of violence under the
elements clause of § 2L1.2 of the Sentencing Guidelines....
CopyPublished | Florida 5th District Court of Appeal | 2016 Fla. App. LEXIS 16042
...and v. Washington,
466 U.S. 668 (1984). This
court has granted relief under rule 9.141 for failure to argue double jeopardy as
fundamental error on direct appeal. See, e.g., Delgado v. State,
174 So. 3d 1071, 1073-
74 (Fla. 5th DCA 2015).
Section
784.041(2)(a), Florida Statutes (2012), criminalizes domestic battery by
strangulation (count four)....
...Count six charged Whitfield with battery on a person sixty-
five years or older. This is a reclassified version of simple battery, defined simply as a
2
battery on a person sixty-five years of age or older. §
784.08(2), Fla. Stat. (2012). Both
are third-degree felonies. §§
784.041(3);
784.08(2)(c), Fla....
...an aggravated form, or higher
degree, of simple battery. Id. at 108. The same logic applies here. Both domestic battery
by strangulation and battery on a person sixty-five or older are aggravated forms, or
higher degrees, of simple battery. See §§
784.041(2)(a);
784.08(2), Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2007 Fla. App. LEXIS 16374
...ly harm to another person.” §
784.03(l)(a), Fla. Stat. (2005). The definition of felony battery recites the first prong of the battery definition and adds the element of causing great bodily harm, permanent disability, or permanent disfigurement. §
784.041(1)....
...ated battery, the State has to prove, A, that a battery occurred, and B, that there was either great bodily harm, permanent disability, or permanent disfigurement. This is a recitation of the elements of felony battery, not aggravated battery. See §§
784.041(1),
784.045(l)(a)(l)....
CopyPublished | Court of Appeals for the Eleventh Circuit | 2016 WL 6994213
...felony in violation of Fla. Stat. §
784.021; (2) resisting an officer with violence in
violation of Fla. Stat. §
843.01; (3) third-degree felony battery in violation of Fla.
Stat. §
784.03; and (4) felony battery causing great bodily harm in violation of Fla.
Stat. §
784.041.
44
Case: 14-12830 Date Filed: 11/30/2016 Page: 45 of 51
Defendant appeals his sentence under the ACCA, arguing that his two prior
felony battery convictions are no...
...2551, 2557 (2015)
(striking down the ACCA’s residual clause as unconstitutionally vague). At oral
argument, the Government conceded that the district court may have relied on the
residual clause at sentencing (which took place before Johnson) in determining that
felony battery under § 784.041 categorically satisfied the definition of “violent
felony” under the ACCA....
...use it can be accomplished by any
intentional touching, “no matter how slight.” See Johnson v. United States,
559
U.S. 133, 138,
130 S. Ct. 1265, 1270 (2010) (“Curtis Johnson”). But this still
leaves Defendant’s battery conviction under §
784.041....
...In arguing that a battery
conviction under this statute is not categorically a violent felony, Defendant relies
on our recent decision in United States v. Vail-Bailon,
838 F.3d 1091 (11th Cir.
2016), which held that Florida felony battery under §
784.041 is not categorically a
“crime of violence” under § 2L1.2 of the Sentencing Guidelines because it can be
committed by a mere touching....
... Case: 14-12830 Date Filed: 11/30/2016 Page: 47 of 51
decided to hear the case en banc. See United States v. Vail-Bailon,
2016 WL
6833335 (11th Cir. Nov. 21, 2016).
Nevertheless, even assuming that Florida battery under §
784.041 does not
categorically qualify as a violent felony under the elements clause, it or the battery
conviction under §
784.03 could potentially qualify under the modified categorical
approach....
...See Curtis Johnson,
559 U.S.
at 137,
130 S. Ct. at 1269 (applying the categorical approach and looking to the
“least of the[ ] acts” because Shepard documents were not available).
The statutes for both battery under §
784.03 and battery under §
784.041—
which share the same first element—are divisible....
...Applying the modified categorical approach, Defendant’s felony battery
conviction under §
784.03 was a “violent felony” under the elements clause. As a
result, Defendant had at least three ACCA qualifying convictions, thus, we need
not decide whether Defendant’s felony battery conviction in violation of §
784.041
was also a “violent felony.” 16 We therefore affirm Defendant’s sentence under the
ACCA.
III....
...CONCLUSION
For the reasons stated above, we AFFIRM Defendant’s conviction and
sentence.
16
At his sentencing in the district court, Defendant objected to the use of a similar sentencing
recommendation with a written plea agreement for the § 784.041 felony battery conviction
because the box containing the language incorporating the arrest report was not checked....
CopyPublished | Court of Appeals for the Eleventh Circuit
...§ 924(e)—who was thus
subject to a mandatory minimum sentence of 15 years—based on these three prior
Florida convictions: (i) two separate 1996 Florida strong-arm-robbery convictions,
under Fla. Stat. §
812.13(1); and (ii) a 2005 felony-battery conviction, under Fla.
Stat. §
784.041(1).
Welch objected to his classification as an armed career criminal and argued at
his sentencing in 2010 that neither his Florida robbery convictions nor his Florida
felony-battery conviction were “violent felonies,” as defined by 18 U.S.C.
§ 924(e)(2)(B)....
...y battery
if he
(a) Actually and intentionally touches or strikes another person against the
will of the other; and
(b) Causes great bodily harm, permanent disability, or permanent
disfigurement.
Fla. Stat. § 784.041(1).
In Vail-Bailon, this Court, sitting en banc, held that Florida felony battery
under Fla. Stat. § 784.041(1) categorically qualifies as a “crime of violence” under
§ 2L1.2 of the Sentencing Guidelines....
CopyPublished | Florida 4th District Court of Appeal
...Appellant and the victim, his girlfriend at the time, were involved in
an altercation. A few days later, the victim reported the incident to the
police. Based on the victim’s report, appellant was charged with
domestic battery by strangulation under section 784.041(2)(a), Florida
Statutes (2020), which reads:
A person commits domestic battery by strangulation if the
person knowingly and intentionally, against the will of
another, impedes the normal breathing or circulation of...
...Florida battery by strangulation statute and finding that “the trial court
reasonably inferred” that the “defendant’s attack impeded [the victim’s]
breathing” where the victim testified that he “needed to get [the
defendant] off me to breathe”).
Further, section 784.041(2)(a) merely requires that a defendant
impede the victim’s breath, not cut it off entirely....
...(emphasis
omitted). Thus, the state merely needs to show only the “risk” of great
bodily harm.
All that needs to be proven, under the plain language of the statute, is
that appellant’s action “create a risk of . . . great bodily harm.” §
784.041(2)(a), Fla....
CopyPublished | Florida 2nd District Court of Appeal
...scuffle, elbowed her in the face (and, at some point, somehow got himself shot in the
arm).
The State charged Mr. Martin with one count of felony battery causing
great bodily harm, permanent disability, or permanent disfigurement under section
784.041(1), Florida Statutes (2016)....
CopyPublished | Supreme Court of Florida
...(FLA, Inc.) to schedule an
evaluation and to abide by all recommendations made by FLA, Inc., and that he be
assessed costs in the amount of $1,688.51.
The facts underlying the disciplinary proceedings are as follows. On
September 16, 2016, Respondent was arrested and charged with battery pursuant to
section
784.041(1)(a), with solicitation of prostitution pursuant to section
796.07(2)(f), and with exposure of sexual organs pursuant to section
800.03,
Florida Statutes (2016), in Duval County, Florida....
CopyPublished | Court of Appeals for the Eleventh Circuit
...the
language of the federal statute does. See, e.g., United States v. Vail-
Bailon,
868 F.3d 1293, 1303 (11th Cir. 2017) (en banc) (holding that
“[b]y its plain terms, felony battery in violation of Florida Statute
§
784.041 requires the use of physical force” and therefore consti-
tutes a “crime of violence” for ACCA purposes); United States v.
Harrison, 56 F.4th 1325, 1336 (11th Cir....
CopyPublished | Florida 1st District Court of Appeal
...We agree.
While incarcerated at the county jail, Richardson punched
another inmate in the face and fractured his jaw. He was charged
with one count of detainee battery under section
784.082(3),
Florida Statutes, and one count of felony battery either by causing
great bodily harm under section
784.041(1)(b), Florida Statutes,
or, alternatively, based on a prior battery conviction under section
784.03(2), Florida Statutes....
CopyPublished | Court of Appeals for the Eleventh Circuit
...resulting in an advisory
Guidelines range of 37 to 46 months.
Matthews filed written objections to the PSI’s calculation of his base offense
level, arguing, as relevant here: (1) that his prior felony battery conviction under
Fla. Stat. § 784.041 does not qualify as a crime of violence; and (2) that it was
error to conclude his offense involved a firearm capable of accepting a large
capacity magazine because, at the time of the offense, the rifle was not loaded with
a magazine and Matthews never came into possession of either the rifle or a
magazine....
...ior conviction qualifies as a
crime of violence under the Sentencing Guidelines.” United States v. Estrada,
777
F.3d 1318, 1321 (11th Cir. 2015) (per curiam).
Sitting en banc, we held that a conviction for felony battery under Fla. Stat.
§
784.041 is categorically a crime of violence....
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Nov 18, 2022
...imum sentence of fifteen years’ imprisonment. Id. § 924(e). The re-
port identified three previous convictions that qualified Miles for
ACCA’s mandatory minimum: two felony battery convictions un-
der Florida Statutes § 784.041 and the unlawful possession of a
listed chemical conviction resulting from the house fire in 2013.
Before sentencing, Miles objected to the report’s designation
of him as an armed career criminal on the gro...
CopyPublished | Florida 2nd District Court of Appeal | 2003 Fla. App. LEXIS 11426, 2003 WL 21748826
...We reverse the adjudication of guilt as to that charge; however, we affirm the revocation of W.B.S.’s community control. The State filed a petition alleging that W.B.S. had committed a delinquent act, felony battery, a third-degree felony, contrary to section 784.041, Florida Statutes (2000)....
CopyPublished | District Court, M.D. Florida | 2010 U.S. Dist. LEXIS 72225, 2010 WL 2836616
...The Presentence Report, and the government, contend that defendant qualifies as an armed career criminal under Section 924(e)(1). Defendant concedes that he has two qualifying ACCA felony convictions, but disputes the determination in the Presentence Report that his Felony Battery conviction pursuant to Florida Statute Section 784.041 is a "violent felony." II....
...ed to examining only "records of the convicting court approaching the certainty of the record of conviction." Shepard,
544 U.S. at 23,
125 S.Ct. 1254. III. Defendant does not dispute, and therefore concedes, that Felony Battery under Florida Statute Section
784.041 is a crime punishable by imprisonment for a term exceeding one year. Defendant also concedes, and the record establishes, that he was convicted of Felony Battery in violation of Florida Statute §
784.041 in 2002 in the Circuit Court in Lee County, Florida....
...commit a battery upon Doris Jones, by actually and intentionally touching or striking said person against said person's will, and caused great bodily harm, permanent disability, or permanent disfigurement to Doris Jones, contrary to Florida Statute 784.041." Government's Exh. 1. On June *1339 25, 2002, defendant entered a plea of nolo contendere, was adjudicated guilty, and was sentenced to 60 months imprisonment. Id. The issue in dispute is whether defendant's Felony Battery in violation of Florida Statute Section 784.041 is a "violent felony" as defined in the ACCA. The government asserts that this Felony Battery conviction qualifies under both Sections 924(e)(2)(B)(i) and (ii), while defendant argues that it qualifies under neither provision. A. Felony Battery, Florida Statute § 784.041 State law determines the contours of a state criminal offense....
...reated as a felony, Fla. Stat. §
784.03(2). All of these offenses, and others, are referred to as "Felony Battery" under Florida law. Effective October 1, 1997, the Florida legislature created a new "Felony Battery" criminal offense. See Fla. Stat. §
784.041 (1997)....
...vided: "(1) A person commits felony battery if he or she: (a) Actually and intentionally touches or strikes another person against the will of the other; and (b) Causes great bodily harm, permanent disability, or permanent disfigurement." Fla. Stat. §
784.041(1) (1997). This was, and is, a third degree felony punishable by up to five years imprisonment. Fla. Stat. §§
784.041(2) (1997);
775.082(3)(d) (2000). [2] On March 30, 2000, the Supreme Court of Florida adopted a standard jury instruction for Felony Battery under Fla. Stat. §
784.041....
...Williams,
609 F.3d 1168 (11th Cir.2010) (Florida conviction for battery on law enforcement officer); and United States v. Harris,
608 F.3d 1222 (11th Cir. 2010) (Florida conviction for sexual battery on child under age sixteen). A Felony Battery conviction under the "touching" prong of Fla. Stat. §
784.041 is not a violent felony under § 924(e)(2)(B)(i)....
...Bureau of Prisons. NOTES [1] The statute was amended in 2007 to add a section relating to "domestic battery by strangulation." [2] When the Court refers to "Felony Battery" in the remainder of this Opinion and Order, it is referring to a violation of Fla. Stat. § 784.041 as the statute existed at the time of defendant's offense....
CopyPublished | Florida 5th District Court of Appeal | 2000 Fla. App. LEXIS 219
arrested for felony battery, a third-degree felony. §
784.041, Fla. Stat. (1997). The “probable cause” affidavit
CopyPublished | Florida 3rd District Court of Appeal
...On
cross-appeal, we affirm the part of the order denying Perez’s motion for
judgment of acquittal.
FACTS AND PROCEDURAL HISTORY
Perez, a Miami Beach police officer, was charged by information with
one count of felony battery pursuant to section
784.041 and
777.011,1
Florida Statutes (2021)....
CopyPublished | Florida 4th District Court of Appeal | 2000 Fla. App. LEXIS 1367
STEVENSON, J. Appellant V.M. challenges an order withholding adjudication of delinquency but finding him guilty of felony battery pursuant to section 784.041, Florida Statutes (1999), for hitting his teacher during a fight with another student....
CopyPublished | Florida 2nd District Court of Appeal
...(1) and (2)(a),
Florida Statutes (2019) (count one); aggravated battery by a person using
a deadly weapon in violation of section
784.045(1)(a)2, Florida Statutes
(2019) (count two); and felony battery resulting in great bodily harm in
violation of section
784.041(1) (count three)....
...eption, is applicable. Here,
in pertinent part, the State charged Joseph with aggravated battery by a
person using a deadly weapon in violation of section
784.045(1)(a)2 and
felony battery resulting in great bodily harm or disability in violation of
section
784.041(1)....
CopyPublished | Florida 5th District Court of Appeal | 2001 Fla. App. LEXIS 17191, 2001 WL 1555301
...We also think the evidence was sufficient to show that Gaines committed a felony battery on Burns. Gaines admitted hitting Burns but claimed it was in self defense. A conviction for felony battery requires a showing that the defendant caused “great bodily harm, permanent disability, or permanent disfigurement.” § 784.041, Fla....
CopyPublished | Supreme Court of Florida
...Comment
This instruction was approved in 2007 [
962 So. 2d 310] and amended in
2018. See Small v State,
889 So.2d 862 (Fla. 1st DCA 2004).
8.5 FELONY BATTERY
§
784.041(1), Fla._Stat.
To prove the crime of Felony Battery, the State must prove the
following two elements beyond a reasonable doubt:
1....
...This determination may include consideration
about whether the person was “touched” through the force of impact by being
jostled or otherwise impacted through the transfer of energy from the
collision.]
Lesser Included Offenses
FELONY BATTERY —
784.041(1)
CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO.
Battery
784.03 8.3
None
Comment
This instruction is based on the text of §
784.041, Fla.Stat....
CopyPublished | Florida 3rd District Court of Appeal
...be great bodily harm, and found D.M. guilty of felony battery. 1 The court withheld adjudication of delinquency and placed D.M. on probation "for the statutory maximum term with possibility of early termination." D.M. appeals. *1098 Florida Statutes section 784.041 (2017) provides that a person commits felony battery if he or she: a) actually or intentionally touches or strikes another person against the will of the other; and b) causes great bodily harm, permanent disability, or permanent disfigurement....
CopyPublished | Florida 3rd District Court of Appeal
...to be great bodily harm, and found D.M. guilty of felony battery.1 The court
withheld adjudication of delinquency and placed D.M. on probation “for the
statutory maximum term with possibility of early termination.” D.M. appeals.
Florida Statutes section 784.041 (2017) provides that a person commits
felony battery if he or she: a) actually or intentionally touches or strikes another
person against the will of the other; and b) causes great bodily harm, permanent
disability, or permanent disfigurement....
CopyPublished | Supreme Court of Florida
...Comment
This instruction was approved in 2007 [
962 So. 2d 310] and amended in
2018. See Small v State,
889 So.2d 862 (Fla. 1st DCA 2004).
8.5 FELONY BATTERY
§
784.041(1), Fla._Stat.
To prove the crime of Felony Battery, the State must prove the
following two elements beyond a reasonable doubt:
1....
...This determination may include consideration
about whether the person was “touched” through the force of impact by being
jostled or otherwise impacted through the transfer of energy from the
collision.]
Lesser Included Offenses
FELONY BATTERY —
784.041(1)
CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO.
Battery
784.03 8.3
None
Comment
This instruction is based on the text of §
784.041, Fla.Stat....
CopyPublished | Court of Appeals for the Eleventh Circuit
...Florida conviction identified the statute of conviction as Florida Statute §
784.03(1)(a), Florida’s battery statute. Johnson’s PSR states that he was originally
charged with domestic battery by strangulation and assault, which Florida Statute
§
784.041 renders a felony....
CopyPublished | District Court, M.D. Florida | 2012 WL 6213074, 2012 U.S. Dist. LEXIS 176735
...(Doc. 1 at 15) The policy includes no explicit definition of “auto accident.” On November 10, 2005, Scott pleaded guilty both to robbery in violation of Sections
812.13(1) and
812.13(2)(c), Florida Statutes, and to felony battery in violation of Section
784.041, Florida • Statutes....
...laim’s negligence label should be disregarded. See Cabezas v. Fla. Farm Bureau Cas. Ins.,
830 So.2d 156 , 158 (Fla. 3d DCA 2002); Aetna Cas. & Sur. v. Miller,
550 So.2d 29 (Fla. 3d DCA 1989). . Pleading guilty to felony battery in violation of Section
784.041, Florida Statutes, Scott admits (1) "actually and intentionally” touching or striking a victim against the victim’s will and (2) ”caus[ing] great bodily harm, permanent disability, or permanent disfigurement.” Florida Standard Jury Instructions in Criminal Cases §
784.041 (2012)....
CopyPublished | Florida 2nd District Court of Appeal | 2011 Fla. App. LEXIS 12165, 2011 WL 3303473
...(2008). A felony battery conviction requires a finding that the defendant actually and intentionally touched or struck the victim against his or her will and that the touching caused great bodily harm, permanent disability, or permanent disfigurement. § 784.041(1)....
CopyPublished | Court of Appeals for the Eleventh Circuit
conviction for felony battery under Florida Statute §
784.041. Based on Vail-Bailon’s felony battery conviction
CopyPublished | Florida 2nd District Court of Appeal
...Nieves had
committed "Battery Domestic Violence" and did not specify whether the misdemeanor or
felony form of battery was intended. See §§
741.28(2), Fla. Stat. (2017) (defining
"domestic violence"),
784.03, Fla. Stat. (2017) (distinguishing between misdemeanor
and felony battery); see also §
784.041(a) (defining domestic battery by strangulation).
Nor did the testimony at the revocation hearing establish whether the arresting officer
believed he had probable cause or intended to arrest Mr....
CopyPublished | Florida 6th District Court of Appeal
...The
postconviction court denied Lovett’s second ground because the HFO statute extends the
sentencing limit for a third-degree felony from five years to ten years.
Felony battery is a third-degree felony, typically punishable by up to five years in
prison. See § 784.041(1), (3), Fla....
CopyPublished | Florida 1st District Court of Appeal | 2017 WL 3428756, 2017 Fla. App. LEXIS 11496
...v.
*
Felony battery consists of a simple battery (actually and intentionally
touching or striking another person against the will of the other) that “[c]auses great
bodily harm, permanent disability, or permanent disfigurement.” § 784.041(1), Fla.
Stat.
2
State, 852 So....
CopyPublished | Florida 5th District Court of Appeal | 2012 WL 3235209, 2012 Fla. App. LEXIS 13362
...That argument defies logic; more importantly, it is not supported by the legislative enactment of the battery statute. Accordingly, we reverse and remand to the trial court to vacate one of the convictions. REVERSED AND REMANDED. PALMER and TORPY, JJ., concur. . § 784.041(2)(a), Fla....
CopyPublished | Florida 4th District Court of Appeal
...784.045(1)(a)2., Florida Statutes (2017), as the corresponding statute for
the defendant’s felony battery conviction. Section 785.045(1)(a)2.
corresponds to the defendant’s charged offense of aggravated battery with
a weapon, a second-degree felony. Section 784.041(1), Florida Statutes
(2017), is the corresponding statute for the lesser included offense of felony
battery, a third-degree felony, for which the defendant was convicted.
Therefore, we remand for the circuit court to enter an amended written
judgment correcting this error....
CopyPublished | Florida 4th District Court of Appeal | 2016 WL 1579077, 2016 Fla. App. LEXIS 5994
...We reverse the trial court’s vacation of one of
appellant’s convictions, as the court was unauthorized to do so after trial.
Appellant was charged by information with three counts: (1) Aggravated
battery with great bodily harm, to wit, hearing loss requiring surgery, a
second degree felony and a violation of section
784.041, Florida Statutes
(2011); (2) Battery on a public transit employee, the victim in count I, a
third degree felony and a violation of sections
784.03(1),
784.07(1)(e), and
784.07(2)(b), Florida Statutes (2011); and (3) Criminal mischief...
CopyPublished | Supreme Court of Florida
...crime.
Comment
This instruction was adopted in July 1992 [
603 So. 2d 1175] and amended in
2008 [
995 So. 2d 489], and 2019.
8.5(a) DOMESTIC BATTERY BY STRANGULATION
§
784.041(2)(a), Fla....
...4th DCA 2016).
“Great bodily harm” means great as distinguished from slight, trivial,
minor, or moderate harm, and as such does not include mere bruises.
Lesser Included Offenses
FELONY DOMESTIC BATTERY BY STRANGULATION – 784.041(2)(a)
CATEGORY ONE CATEGORY TWO FLA....
