COVID-19 Update: What We Are Doing to Protect Our Clients
The Florida Bar 1950
American Bar Association
Justia Lawyer Rating
Lake County Bar Associaton
Florida Justice Association

Orlando Felony Battery Attorney


Felony battery, under Florida Statute Section 784.041(1), is defined as any battery offense that results in great bodily harm, or permanent disfigurement or disability. With this offense, the accused must strike the victim intentionally, without the victim's consent or permission. Domestic battery by strangulation is also considered felony battery. Unlike aggravated battery, felony battery does not require that the defendant intended to cause great bodily harm, or used a deadly weapon in the commission of the crime. At Adams & Luka, we understand that for most people, the various forms of assault and battery are complex and confusing. Our Orlando felony battery lawyers can help you understand the laws, and work with you to develop the most effective legal

Central Florida Felony Battery Defense

Essentially, misdemeanor battery and felony battery differ in the level of harm inflicted on the alleged victim. Before you may be charged with felony battery, a significant injury must occur. Here is an example:

You strike another individual and knock him/her unconscious. However, he or she does not sustain any lasting effects of the blow, therefore you may be charged with misdemeanor battery. If the strike results in a gash to the head or broken nose which results in a lasting or ongoing injury, you may be charged with felony battery. If the effect of the blow does not result in a lasting injury, it may be argued by your Orlando criminal defense lawyer that you committed misdemeanor battery, an offense which incurs less serious criminal penalties.

Defenses to Felony Battery in Orlando

While there are several defense strategies that may be effective in defending the accused against felony battery, the most common include consent and self defense. Mutual combat, defense of others, and the "Stand Your Ground" law may also be effective defenses. You may also have a solid alibi that makes it impossible for you to have committed the crime.

  • Self defense or defense of others. Self defense is also sometimes referred to as the justified use of force. If you used force that is non-deadly to defend yourself or others who were present, this may be an effective defense.
  • Consent. It may be effective to use a consent defense if it can be argued that the battery occurred in the commission of an incident involving the mutual engagement of two individuals, for example in a bar fight. Athletic events where contact occurs such as football, soccer, etc. may also be considered consent, as those involved in these sports are obviously exposed to contact.
  • Stand your ground. Florida's Stand Your Ground law provides that an individual is justified in using deadly force and is not required to retreat if the individual has a reasonable belief that force is essential to prevent great bodily harm or death to him or herself, or someone else, or to prevent the immediate commission of a forcible felony, or, the defendant uses force in the event of a vehicle or home invasion pursuant to Section 776.013.

There are certain occasions on which the "Stand Your Ground" law does not apply, so it is important that you discuss your case with an experienced Orlando felony battery attorney immediately.

Criminal Penalties for Felony Battery in Orlando & Central Florida

If found guilty of felony battery in Florida, the criminal penalties are harsh. In Orange County and throughout the state, felony battery is considered a third-degree felony and under the state's criminal punishment code, assigned a level 6 offense severity. This means the penalties you may face if convicted include:

  • Up to 5 (five) years of probation, or a maximum of 5 (five) years in prison
  • Fines of up to $5,000
  • Possible restitution of medical costs and other loses the victim sustained
  • Community service
  • Counseling
  • Substance abuse evaluation and treatment, depending on the circumstances

The penalties for felony battery in Orlando and throughout Florida not only affect your freedom, but your career, reputation, and even relationships. It is critical that you work with a capable and aggressive criminal defense lawyer in order to reach the best possible outcome.

Contact Adams & Luka Today

Felony battery is a very serious offense. Whether you have been wrongly accused, or were acting in self defense or defense of others, you must take action immediately. At Adams & Luka, our Orlando felony battery defense lawyers are ready to start work on your case today, and committed to positive results. Contact us now.

Client Reviews

I would like thank my attorney Thomas Luka. I knew from the beginning I had the right guy in my corner. While celebrating with family and friends at a Public Park in Seminole County, a fight broke out among various people. Myself, and a good friend, broke up the fight and the instigators left. Six months later, I was wrongly accused as the person who started the fight. The first attorney I hired could not even get a response from the State Attorney handling the case. Someone referred me to Tom and I felt comfortable at his demeanor and reactions.

After conversations with Tom, who knew I would settle for nothing less than a FULL DISMISSAL due to my innocence, I hired him. His firm of Adams and Luka did the due diligence by interviewing witnesses and the police who were on the scene, as well as starting a dialogue with the State Attorney. After gathering statements from witnesses, Tom was able to present a strong argument on my behalf to the State Attorney on why the case should be dismissed. If the State Attorney was not willing to dismiss the case, Tom was ready to take the case to trial.

The result by Thomas Luka: Case Dismissed.

I am 53 years old with a spotless record and glad to keep it that way thanks to the time, effort, hard work, and professionalism of the Adams and Luka and Tom Luka.

Earl from Mesquite
Thomas Luka left a life-long great impression of lawyers. He was always professional, on time, and answered things honestly. From the start and during the 14 months it went on - Tom was very upfront and honest with me about the possible outcomes. The result was better than I had hoped for. Tom really over-delivered. HIGHLY RECOMMEND. Marcela Giorgi
Adams and Luka were very professional and savvy in the courtroom. When you're in court with Mr. Luka you will think you have the best attorney there. I recommend this law firm. Pioneer Tech
Rich Adams is an outstanding criminal attorney. I have had the opportunity to refer several friends and clients to his practice for handling of criminal matters, and on every occasion he has produced an excellent result. Rich practices with attention to detail, a thorough knowledge of the law, and a passion to defend his clients. I will continue to refer clients to Rich Adams, and would strongly recommend him for your legal needs. Brian Pink