Assault, Battery & Self-Defense

What is felony battery vs misdemeanor battery?

Attorney-Reviewed Answer
Reviewed by Christopher Walsh, Criminal Trial Attorney (Fla. Bar #127459). Last reviewed: September 2026
Short Answer
Felony battery involves great bodily harm, permanent disability, or disfigurement — or a prior battery conviction elevating a simple battery.

Three tiers worth distinguishing.

Simple battery is a first-degree misdemeanor — intentional touching or striking against the person's will, or intentionally causing bodily harm. No injury required.

Felony battery is a third-degree felony, where the battery causes great bodily harm, permanent disability, or permanent disfigurement. There's also a separate provision making a second or subsequent battery a felony based on a prior battery conviction, which catches people who assume a misdemeanor stays a misdemeanor.

Aggravated battery is a second-degree felony, involving intentional infliction of great bodily harm or use of a deadly weapon.

The distinction between felony battery and aggravated battery turns partly on intent — whether the great bodily harm was intended or resulted.

Where these cases are fought: whether the injuries meet the great bodily harm standard, whether the prior conviction qualifies for enhancement, and whether the force was justified.

A prior battery on your record changes what a new one is. Check that first. ---

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This page answers a common question for general informational purposes and is not legal advice, and no attorney-client relationship is formed by reading it. Florida law changes; while this answer is reviewed by a licensed Florida attorney, the right answer depends on the specific facts of your situation — consult an attorney. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.