Battery Charges in Florida
Battery ranges from a misdemeanor to a second-degree felony, depending on the injury, any weapon, and the person’s record. I defend battery cases in Hillsborough, Pinellas and Pasco counties.
What Is Battery?
Under s. 784.03, battery is actually and intentionally touching or striking another person against that person’s will, or intentionally causing bodily harm to another person. Unlike assault, battery requires contact.
What are the penalties for battery?
Simple battery is a first-degree misdemeanor: up to 1 year in jail, 1 year of probation and a $1,000 fine.
Battery with a prior conviction. A person with one prior conviction for battery, aggravated battery, felony battery, or resisting an officer with violence who is charged with a second or subsequent battery faces a third-degree felony: up to 5 years in prison, 5 years of probation and a $5,000 fine.
Felony battery (s. 784.041) is a battery that causes great bodily harm, permanent disability or permanent disfigurement. It is a third-degree felony, with the same maximum penalty as above.
Aggravated battery (s. 784.045) is a battery that intentionally or knowingly causes great bodily harm, permanent disability or permanent disfigurement, or that uses a deadly weapon. It also covers a battery on a victim the offender knew or should have known was pregnant. It is a second-degree felony: up to 15 years in prison, 15 years of probation and a $10,000 fine.
What defenses are there to a battery charge?
Self-defense and defense of others. Consent. Accident. Whether the injury meets the statutory level for a felony. A false or exaggerated accusation. Many battery cases are domestic; see my domestic violence page.
If the person involved was a law enforcement officer, the charge can be raised to a felony, and it often comes with a resisting charge. I explain how that works on my resisting arrest page.
If a weapon or firearm was involved, a firearm can bring mandatory minimum prison terms. See my page on weapons charges.
How I Handle These Cases
I have practiced criminal defense in the Tampa Bay area for 28 years. In a battery case I look at the injury evidence, who started it, and whether the case can be dismissed or reduced. The consultation is free. Call me at 813-228-6001 or email me.
Common questions
Is the consultation free?
Yes. Call me at (813) 228-6001 and we can talk about the charge and what comes next. The consultation is free.
What should I bring to the consultation?
Bring whatever paperwork you have: the arrest or charging papers, any bond or release papers, notices of court dates, and any letters from the court or the state. If you don’t have them yet, call anyway and we will sort out what is missing.
Where do you handle cases?
Mainly in Hillsborough, Pinellas and Pasco counties, from my office in Tampa.
This page is general information, not legal advice. Reading it does not create an attorney-client relationship. Every case is different. Past outcomes do not guarantee a similar result.