Is battery a felony?

Battery generally means unlawfully touching someone, or using force on them, without consent or legal justification. Some states also require harm, and some count an insulting or provoking touch.^1,2,3,4

California defines battery as any willful and unlawful use of force or violence on another person. Florida covers actually and intentionally touching or striking someone against their will, or intentionally causing bodily harm. Illinois covers knowingly causing bodily harm, or making physical contact of an insulting or provoking nature. Georgia's simple battery covers intentional physical contact of an insulting or provoking nature, or intentionally causing physical harm.

Assault is usually the threat or attempt, and battery is the actual contact or injury. In California and Illinois these are separate crimes.^1,3,5,6

California defines assault as an unlawful attempt, with a present ability, to commit a violent injury, and battery as any willful and unlawful use of force or violence on another person. Illinois defines assault as placing someone in reasonable apprehension of receiving a battery, and battery as causing bodily harm or making insulting or provoking physical contact.

Some states have no separate crime called battery. They cover physical contact under assault, or charge "assault and battery" as one offense. If you are asking whether assault and battery is a felony, the answer follows the injury, weapon and victim, as it does for assault.^{7,8,9,10,11,12}

Texas assault includes causing bodily injury and causing offensive or provocative physical contact. New York's assault in the third degree covers causing physical injury. Pennsylvania's simple assault covers causing bodily injury. Ohio's assault covers causing or attempting to cause physical harm. North Carolina and Virginia treat "simple assault or assault and battery" as one misdemeanor offense.

Simple battery, with no serious injury, weapon or special type of victim, is a misdemeanor in the states that grade it separately. That includes Florida, California, Illinois, Georgia, North Carolina and Virginia.^{2,3,4,11,12,13}

Florida makes it a first-degree misdemeanor. Illinois makes it a Class A misdemeanor. North Carolina makes simple assault and battery a Class 2 misdemeanor. Virginia makes assault and battery a Class 1 misdemeanor. California punishes simple battery with a fine of up to $2,000, up to six months in county jail, or both. Georgia punishes simple battery as a misdemeanor.

Georgia's tougher version of simple battery is still a misdemeanor. It is called a misdemeanor of a high and aggravated nature, and it applies in cases such as battery on a person 65 or older, a pregnant woman, a police officer or a family or household member.⁴

Battery that causes great bodily harm or permanent injury, or that uses a deadly weapon, is a felony in many states. It is often called aggravated battery or felony battery.^{13,14,15,16,17}

Florida's aggravated battery is a second-degree felony, and its felony battery, which causes great bodily harm, permanent disability or permanent disfigurement, is a third-degree felony. Illinois makes aggravated battery a Class 3 felony unless the statute provides otherwise, and it includes causing great bodily harm or permanent disability or disfigurement. Georgia punishes aggravated battery, meaning maliciously depriving someone of a body part, making it useless or seriously disfiguring them, by one to 20 years. In California, battery that causes serious bodily injury can be punished in county jail for up to one year or by two, three or four years under Penal Code § 1170(h).

Battery on a police officer or certain other workers can be a felony. Some states require an injury, and some do not.^12,13,16

In Virginia, assault or battery on a law-enforcement officer, judge, firefighter and other listed people on duty is a Class 6 felony with a mandatory minimum of six months. In Illinois, aggravated battery that causes great bodily harm to a peace officer or firefighter on duty is a Class 1 felony. In California, battery with injury on a peace officer on duty can be punished in county jail for up to one year or by 16 months, two or three years under Penal Code § 1170(h).

In some states, a prior battery conviction makes a later battery a felony. Florida does this after one prior. Georgia does it on a third conviction against the same victim.^2,18,19

Under Florida Statutes § 784.03(2), a person with one prior conviction for battery, aggravated battery, felony battery or resisting an officer with violence who commits a second or later battery commits a third-degree felony. Resisting an officer with violence was added to that list by a law that took effect July 1, 2026. In Georgia, a third or later conviction for battery against the same victim is a felony punishable by one to five years.

Virginia makes assault and battery that causes bodily injury a Class 6 felony when the person picks the victim because of the victim's race, religion, gender, disability, gender identity, sexual orientation, color, or ethnic or national origin.¹²

Without bodily injury, the same selection of a victim is still a Class 1 misdemeanor, but the sentence must include at least six months in confinement.

Florida

Florida: Battery is a first-degree misdemeanor. Felony battery is a third-degree felony, and aggravated battery is a second-degree felony.^2,14,15

Battery becomes a third-degree felony for a person with one prior conviction for battery, aggravated battery, felony battery or resisting an officer with violence who commits a second or later battery. Felony battery means causing great bodily harm, permanent disability or permanent disfigurement. Aggravated battery also covers using a deadly weapon, and battery on a victim the person knew or should have known was pregnant.

California

California: Simple battery is a misdemeanor. Battery that causes serious bodily injury can be charged as a felony or a misdemeanor.^1,13,20

Penal Code § 243(a) punishes simple battery with a fine of up to $2,000, up to six months in county jail, or both. Section 243(d) punishes battery with serious bodily injury by up to one year in county jail or by imprisonment under § 1170(h) for two, three or four years. Section 17(b) lets a court or prosecutor treat an offense with that kind of choice of punishment as a misdemeanor in the situations it lists.

Illinois

Illinois: Battery is a Class A misdemeanor. Aggravated battery is a Class 3 felony unless the statute sets a higher class for the specific type.^3,16

Aggravated battery in Illinois includes causing great bodily harm or permanent disability or disfigurement, causing that harm to a victim 60 or older, and strangling another person. Some types are higher: causing great bodily harm to a victim 60 or older is a Class 2 felony, and causing it to a peace officer, firefighter or similar worker on duty is a Class 1 felony.

Georgia

Georgia: Simple battery and battery are misdemeanors. Aggravated battery is a felony punishable by one to 20 years.^4,17,19

Battery in Georgia means intentionally causing substantial physical harm or visible bodily harm. It is a misdemeanor on a first conviction. A second conviction against the same victim brings 10 days to 12 months, and a third or later conviction against the same victim is a felony punishable by one to five years. Battery between household members is treated as family violence battery.

Virginia

Virginia: Assault and battery is a Class 1 misdemeanor. It is a Class 6 felony in some cases, such as when the victim is a law-enforcement officer or judge on duty.¹²

Virginia grades simple assault and assault and battery the same way. It also makes assault and battery a Class 6 felony when it causes bodily injury and the person picked the victim because of a protected trait such as race or religion.

North Carolina

North Carolina: Simple assault and battery is a Class 2 misdemeanor. It is a Class 1 or Class A1 misdemeanor if certain aggravating facts are present, and a felony if a deadly weapon causes serious injury.^11,21

Class A1 misdemeanor facts include inflicting serious injury or using a deadly weapon, assaulting a woman as a man at least 18, assaulting a pregnant woman, assaulting a child under 12, and assaulting a government officer on duty. But the law says these grades apply unless another law gives a greater punishment. Assaulting someone with a deadly weapon and inflicting serious injury is a Class E felony under § 14-32.

Texas

Texas: Texas has no crime called battery. Causing bodily injury is assault, a Class A misdemeanor. Causing offensive contact is a Class C misdemeanor.⁷

Assault causing bodily injury becomes a third-degree felony in listed situations, such as when the victim is a public servant on duty, a family or household member with a qualifying prior conviction or impeding of breathing, or someone the person knows is pregnant. Aggravated assault, with serious bodily injury or a deadly weapon, is a second-degree felony.

New York

New York: New York has no crime called battery. Causing physical injury is assault in the third degree, a class A misdemeanor. Assault in the second degree is a class D felony, and assault in the first degree is a class B felony.^8,22,23

In Florida, a prior battery conviction counts toward making a later battery a felony even if the court withheld adjudication, if the earlier case ended in a guilty plea, a trial finding of guilt or a no contest plea.²

The statute says "conviction" for this purpose means a determination of guilt that is the result of a plea or a trial, regardless of whether adjudication is withheld or a plea of nolo contendere is entered.