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Johnson: Florida battery is a "violent felony" for ACCA

By Tim Cone

In U.S. v. Johnson, No. 07-13497 (May 30, 2008), the Court held that a defendant?s prior Florida state conviction for battery qualifies as a "violent felony" for purposes of the ACCA mandatory minimum for felon in possession of ammunition offenders who have three prior convictions.The Court noted that the Florida battery offense requires at a minimum the actual and intentional touching or striking of another person against that other person?s will. Accordingly, the offense has the requisite use or attempted use of force necessary to qualify as a "violent felony." The Court rejected the argument that the Florida battery offense should not be considered a "violent felony" because the Florida Supreme Court had held that under Florida state law, when, as in Johnson?s case, the battery had been a misdemeanor elevated to the status of a felony, the offense did not invariably enough involve enough force to be considered a "forcible felony" for purposes of Florida?s habitual offender law...continue to full post

Full post as published by Defense Newsletter Blog on June 04, 2008 (boomark / email).