Legal Developments Impacting Repeat Battery Offenders: Warren and the 2001 Amendment to Felony Battery

The felony battery statute in Florida has been changed to make it easier to charge someone with a felony for a battery offense if they have a previous conviction for aggravated or felony battery. The Florida Supreme Court also ruled that previous convictions for aggravated battery can now be considered as prior offenses under this statute. This means that it’s now easier for someone to be charged with a felony for a battery offense in Florida. Florida legislators enacted §784.03(2) in 1996 to make repeat incidents of battery a felony offense. This law was part of a larger effort to address domestic or repeat violence. The statute stated that a person with two prior battery convictions who commits a third offense would be charged with a felony.

The definition of “battery” in the statute was later clarified by the Florida Supreme Court and three district courts of appeal. In a case called State v. Warren, the First District Court of Appeal ruled that only misdemeanor battery convictions could be counted as prior convictions for felony battery. This decision was based on the interpretation that the legislature intended for “battery” to mean misdemeanor battery throughout the law. The court had to decide if a conviction for aggravated battery could count as a previous conviction for battery for charging someone with felony battery. The majority of the court said it could, but one judge disagreed and thought the statute was clear enough without the need for interpretation. Other courts also had similar cases and had to decide the same thing. The Florida Supreme Court ruled in State v. Warren that aggravated battery counts as a prior conviction for felony battery. The court said that the law was clear and didn’t need interpretation. The court also said that excluding aggravated battery as a prior conviction would lead to unfair results. After the court’s decision, the legislature passed a new law to specifically include aggravated battery as a prior offense, and even included felony battery, with only one prior conviction needed for a felony charge. After the 2001 amendment, the felony battery statute includes aggravated battery and felony battery as prior offenses that can lead to a felony charge. The legislature chose to specifically list these offenses, which could be interpreted as a limitation on what can be used as a prior conviction. This means that a person could potentially have a prior battery conviction that is not listed and not be charged with felony battery. The Florida Supreme Court’s interpretation of “battery” in the Warren case seems to include all kinds of battery convictions as prior offenses. However, it likely only includes offenses where the essential element is intentionally touching or causing bodily harm to another person. So, certain crimes like murder or kidnapping would not qualify as prior “battery” offenses under Warren. The recent amendment to the felony battery statute might affect the court’s position on what counts as a predicate conviction. It would be strange for the legislature to expand the felony battery statute only to have courts limit what can be used as prior convictions. We will have to wait and see how the court’s interpretation of battery in Warren will be affected by the statutory amendment. The Florida Supreme Court said that battery on a law enforcement officer should count as a previous conviction for the new law. They said that any type of battery, like against a pregnant woman or an elderly person, should also count. It’s not clear if lewd and lascivious batteries or sexual batteries should count, but courts will probably have to decide. If the law had said “any battery” instead of listing specific types, it would be clearer. But since it didn’t, the courts will have to figure it out. In 2001, the law about felony battery was changed because courts were applying it wrong. The Florida Supreme Court made a decision in a case that broadened the definition of battery. Now, the courts will have to decide if other types of battery can be included, and how far the law can go. The legislature can keep changing the law until it matches what the Supreme Court said. Florida Statute §784.03(2) from 1997 says that if a person commits petit theft and has been convicted of theft two or more times before, they could be charged as a third degree felon. This law was changed in 1992 to include any type of theft as a previous conviction, not just petit theft. Also, Florida has laws that make repeat offenses for DUI and driving with a suspended license felonies. There have been court cases that have challenged these laws, and the Florida Supreme Court has ruled on them. In 2001, the Florida legislature made changes to the laws to address the court’s rulings.

Source: https://www.floridabar.org/the-florida-bar-journal/legal-developments-impacting-repeat-battery-offenders-warren-and-the-2001-amendment-to-felony-battery/