Battery in Florida

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Battery in Broward, Miami-Dade, and Palm Beach

The crime of battery as defined by § 784.03(1) involves intentional physical contact with another person against the will of the other person, or when intentionally causing bodily harm to another person. The defendant must intend to touch or strike the person or be engaged in a behavior where a strike or touch is highly likely to occur, like slamming the door on someone. 

The defendant does not have to injure the alleged victim for a charge of battery. Intentional touching against the other person’s will is sufficient for making the charge. Also, touching the victim is not required if something intimately connected to the body of the victim is touched, such as a purse, backpack, cell phone, hat, or clothing. 

PENALTIES FOR BATTERY IN FLORIDA

Under § 784.03, battery is a first-degree misdemeanor punishable by imprisonment not exceeding 1 year and a fine of $1,000, as provided in § 775.082 or § 775.083. However, sentence depends on the State of Florida being able to prove your guilt, on your criminal history, the severity of the facts, and the presence of aggravators and mitigators. The maximum sentence is not likely to be enforced in most cases.

It should be noted that special laws increase the severity of the crime if the victim is one of a few protected classes, including law enforcement officers, persons over 65 years of age, firefighters, disabled, etc.

DEFENSES TO BATTERY IN FLORIDA

Battery is a violent crime and a serious misdemeanor criminal offense. There are a number of defenses which attack the intent to touch or strike, the victim’s consent to the touching, or a justification defense, like “Stand Your Ground” or self-defense. An experienced attorney can help you determine which, if any of these defenses are applicable to your case.

CONTACT US

If you or a loved one has been charged with Battery or a related offense, we can help. We will gladly meet with you in our office in Fort Lauderdale or West Palm Beach. We serve clients all over Florida, with a focus in South Florida, including Miami-Dade County, Broward County, and Palm Beach County. Contact us now for your free consultation.