The Impact of Prior Assault or Battery Convictions on Felony Battery Charges

When it comes to battery cases, charges can drastically escalate in their severity, and even more so when an individual has a history of prior assault or battery convictions.

As the leading criminal defense attorneys in St. Petersburg, the team at The Law Office of Marc N. Pelletier is well-experienced in handling cases where there is a previous criminal record. If you or a loved one is facing a felony battery charge, it is extremely important to work closely with a skilled attorney to best understand how past convictions could impact the outcome of your current case.

What Constitutes Felony Battery in Florida

According to Florida law, an individual commits felony battery when they intentionally strike or touch another person against their will and cause great bodily harm, permanent disability, or permanent disfigurement. Felony battery is also charged when a person with a prior battery conviction commits a new battery offense, whether or not the new offense resulted in serious injury. 

Legal Consequences for Felony Battery Charges

Felony battery is a third-degree felony, punishable by sentencing of up to five years in prison, up to five years of probation, a fine of up to $5,000, and may potentially result in a loss of civil rights, including the right to vote or possess a firearm, vote, or sit on a jury, and much greater difficulty in securing housing, furthering education, or obtaining a professional license.

The Role of Prior Assault or Battery Convictions

Prior convictions for assault or battery play a key role in enhancing a misdemeanor battery charge to a felony. The Florida legislature has given prosecutors the power to pursue felony battery charges even in relatively minor incidents so long as the accused individual has any previous conviction for battery, aggravated battery, or felony battery. 

Aggravating Factors That Lead to Felony Charges

In addition to prior convictions, there are several aggravating factors that can result in felony battery charges, including:

• Causing serious bodily harm or permanent injury to the victim
• Using a deadly weapon during the offense
• Committing battery against certain protected individuals, such as law enforcement officers, first responders, a pregnant female, or the elderly
• Having multiple prior convictions for violent offenses

These aggravating factors can be used by the prosecution to argue to elevate the battery charge and drastically increase the severity of potential punishment. 

Having prior convictions does not mean a conviction for your current charge is inevitable. With strategic legal representation from a St. Petersburg defense attorney with The Law Offices of Marc N. Pelletier, it is possible to secure a more favorable outcome.

Contact The Law Offices of Marc N. Pelletier

If you are facing felony battery charges in Florida and have a prior conviction on your record, you should act quickly. The St. Petersburg criminal defense attorneys with The Law Offices of Marc N. Pelletier have the expertise and skill to most effectively defend your rights and build a strong case on your behalf. 

With strong representation from a St. Petersburg defense attorney, you can have confidence in your defense options. Contact us today for a complimentary case consultation or call our office at (727) 493-9386 if you have any questions.