Felony Battery
An intentional unwanted touching or striking that causes great bodily harm, permanent disability, or permanent disfigurement.
Florida Statute
§ 784.041
Felony battery; domestic battery by strangulation
Verified against the 2026 Florida Statutes: September 13, 2026
Quick Summary
Felony battery is a third-degree felony based on an intentional unwanted touch or strike and a qualifying serious injury. It is distinct from aggravated battery, which has separate statutory alternatives and is a second-degree felony.
Classification Matrix
Use this as a quick classification reference. Specific facts, statutory circumstances, and charging allegations may affect the applicable result.
Felony Battery
F.S. § 784.041(1)
An actual and intentional unwanted touching or striking that causes great bodily harm, permanent disability, or permanent disfigurement.
Felony Battery on Religious-Institution Grounds During a Religious Service
F.S. § 775.0861(2)-(3)
A qualifying felony battery committed on religious-institution property while the victim is there to participate in or attend a religious service.
Elements of the Offense
Elements of the Offense
Elements marked AND are cumulative. Elements marked OR identify statutory alternatives; one applicable alternative must be established when that theory is charged. Conditional elements apply only to the identified statutory track.
- Element 1AND — Required
The State must prove all of the following
The defendant actually and intentionally touched or struck the victim against the victim's will.
Plain language: The defendant intentionally made unwanted physical contact with the victim.
- Element 2AND — Required
The State must prove all of the following
The defendant caused great bodily harm, permanent disability, or permanent disfigurement to the victim.
Plain language: The contact caused a qualifying serious or permanent injury.
Qualifying Domestic Relationship
Qualifying Domestic Relationship
Family or household member
Under F.S. § 741.28(3), the relationship qualifies when the people are:
- Spouses or former spouses;
- Related by blood or marriage;
- Currently living together as a family;
- People who previously lived together as a family; or
- Parents of a child in common, whether or not they were married.
Shared-dwelling requirement
Except for parents of a child in common, the parties must currently live together, or must have lived together in the past, in the same single dwelling unit. A dating relationship by itself is not a family-or-household relationship under F.S. § 741.28.
Domestic-violence designation
F.S. § 741.28(2) requires both a qualifying family-or-household relationship and a listed offense—or another criminal offense resulting in physical injury or death—committed by one qualifying member against the other.
Jury Instructions
Jury Instructions
Instruction 8.5
Felony Battery
Florida Standard Jury Instruction for F.S. § 784.041(1).
View Official InstructionVerified against the official instruction source: September 13, 2026
Important Definitions
Important Definitions
Great bodily harm
Great bodily harm is the statutory injury threshold for felony battery; evaluate the facts and applicable jury instruction because it is greater than slight, trivial, minor, or moderate harm.
Additional Notes
Additional Notes
Quick Reference
Felony battery under § 784.041(1) is a third-degree felony. It is distinct from aggravated battery, even though both statutes can involve serious injury.
Important Distinction
Felony battery requires an actual and intentional unwanted touching or striking plus qualifying injury. Aggravated battery has different statutory alternatives and a different degree; identify the charged statute before relying on a summary.