Criminal Defense
Since 1993
Since 1993
When Does a Bruise Become a Felony? “Great Bodily Harm” in Orlando
By: John Guidry
Orlando sees its fair share of battery arrests. To make matters worse, prosecutors often overcharge these cases, turning a simple misdemeanor battery into a serious felony: “Aggravated Battery Causing Great Bodily Harm.” So where does the law draw the line? What kind of injury is legally considered “great bodily harm,” and what is just a simple battery? It’s a critical question because the difference could be the difference between a few months of probation and 15 years in a Florida prison.
A recent Florida case provides a clear answer, reminding us that just because a prosecutor calls it “great,” doesn’t mean the law agrees.
Charged with Aggravated Battery in Orlando? The State must prove the injury was more than just minor bruising. An experienced attorney can challenge the evidence and fight an overcharged felony. Call John Guidry at (407) 423-1117.
A Real-World Example: When Bruises Are NOT “Great Bodily Harm”
The case of Gordon v. State, 2011 WL 6016913 (Fla. 3rd DCA 2011), began when Mr. Gordon was accused of hitting his girlfriend with his hand and a belt, causing bruises on her body. The girlfriend did not seek medical treatment, and the bruises eventually healed on their own.
A jury found him guilty of Aggravated Battery, deciding that the bruising constituted “great bodily harm.” However, the appellate court overturned the conviction and threw out the felony charge. They saw the “failure of proof” that the jury missed.
The Legal Standard: What Florida Courts Look For
The appeals court in Gordon ruled that the jury’s verdict was not supported by the evidence. They reasoned that simple bruising that heals without medical treatment does not rise to the high legal standard of “great bodily harm.”
To make their point, they looked to other cases, like C.A.C. v. State, 771 So.2d 1261 (Fla. 2d DCA 2000). In that case, an aggravated battery conviction was overturned even though the victim was stabbed with a fork two or three times. Why? Because the resulting scratches and puncture marks did not require medical treatment and had no lasting ill effects.
As recently as 2024 and 2025, Florida’s Standard Jury Instructions (specifically Instruction 8.4) continue to define “great bodily harm” as distinguished from slight, trivial, minor, or moderate harm. For an injury to be considered “great,” courts generally look for:
- Professional Medical Treatment: An injury serious enough to require a doctor or a hospital visit.
- Lasting Ill Effects: An injury that causes permanent disability or permanent disfigurement (like a significant scar).
John’s Takeaways
- The Overcharge Trap: Prosecutors often “blab” about the severity of an injury to scare defendants into a plea. They regularly exaggerate minor cuts or bruises to reach for a felony.
- More Than a Scratch: To be legally considered “great bodily harm,” an injury must be significantly more than just simple bruising or minor cuts.
- Healing Matters: If an injury heals on its own without a doctor, it is very difficult for the State to sustain a felony conviction in the Fifth District Court of Appeal.
- The Fork Standard: In Florida, even being poked with a fork isn’t necessarily “great bodily harm” if the injuries are superficial.
- Emotional vs. Legal: Juries often get emotional and want to punish someone, but a skilled attorney uses case law to ensure the verdict is supported by facts, not feelings.
Thank God for the appeals courts. Sometimes they make the right decision, and this was one of those times. If you are facing an overcharged battery case in Orange, Seminole, Osceola, Lake, Brevard, or Volusia County, don’t just accept the State’s version of the story.
I have been making these exact legal arguments for my clients since 1993. Whether it’s a motion to dismiss or a trial in the trenches, I know how to hold the State to their burden of proof.
Facing these charges? Call John at (407) 423-1117.
If you prefer watching a video over reading, check out my video entitled “Aggravated Battery Causing Great Bodily Harm.”
About John Guidry II
John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.
Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.
Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.
When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.