Assault & Battery Defense Lawyer

What is considered battery in the state of Florida?

 Simple (Misdemeanor) Battery – Florida Statute § 784.03(1)(a)

Battery occurs when a person:

• Actually and intentionally touches or strikes another person against their will, or
• Intentionally causes bodily harm to another person.
• Intent is required, but only to make contact—not necessarily to cause injury.
• No actual injury is necessary; even a single non-consensual touch can qualify.
• Indirect contact counts (e.g., spitting or tossing an object that hits someone’s property).

Penalty: First-degree misdemeanor — punishable by up to 1 year in jail or 12 months probation, and up to a $1,000 fine.

Felony Battery – Florida Statute § 784.041

This charge applies when the battery:

• Is committed intentionally (touching or striking), and
• Causes great bodily harm, permanent disability, or permanent disfigurement.

Penalty: Third-degree felony — punishable by up to 5 years in prison and a $5,000 fine.

Aggravated Battery – Florida Statute § 784.045

• Aggravated battery occurs when:
• The offender intentionally or knowingly causes great bodily harm, permanent disability, or disfigurement, or
• Uses a deadly weapon, or
• Commits battery against a pregnant person, knowing or having reason to know they are pregnant.

Penalty: Second-degree felony — punishable by up to 15 years in prison and a $10,000 fine (with potential sentence enhancements if a firearm is used).

Repeat Offenses & Special Cases

• A second or subsequent battery conviction becomes a third-degree felony.
• If battery is committed during a riot or aggravated riot, it is also a third-degree felony.
•  Real-World Examples of Battery
• Even minimal physical contact, like spitting or flicking an object at someone, can be charged as battery.
• Grabbing someone’s phone or purse (an extension of their person) without consent may also qualify.
• Injury does not need to occur for a battery charge to apply under misdemeanor law.
• What is the difference between Battery and Assault in Florida?
• The defintion of battery offenses in Florida are different than assault in that they involve actual physical contact and not just the threat of harm.

Definition of Assault:

• An intentional, unlawful threat by word or act to do violence,
  Combined with an apparent ability to carry it out,
  That creates a well-founded fear in the victim that violence is imminent.

Example:

Raising a fist, swinging a bat but missing, or verbally threatening someone while approaching aggressively.

Penalty:

• Simple Assault: 2nd-degree misdemeanor (up to 60 days in jail)
• Aggravated Assault (e.g., with a deadly weapon): 3rd-degree felony