Although a relatively recent United States Supreme Court decision held that a conviction for simple battery in the State of Florida could not serve as a crime of violence, an Eleventh Circuit Court of Appeal decision distinguished that a felony battery conviction is a “crime of violence,” at least for purposes of the Federal Sentencing Guidelines. This means that a conviction for a Florida Felony Battery is probably a deportable offense as a crime involving moral turpitude and as an aggravated felony, if the sentence is 1 year or more incarceration.
What is Felony Battery in Florida?
Florida’s Felony Battery statute is defined in Florida Stat. §784.041. In order to prove a person is guilty of Felony Battery, the State must prove, or the person must admit to (plead no contest of guilty) to the following elements: