What is battery?


Florida has a wide range of battery crimes:

  • Misdemeanor Battery,

  • Domestic Battery by Strangulation,

  • Domestic Violence Battery,

  • Felony Battery,

  • Aggravated Battery, 

  • Aggravated Battery on a Pregnant Person,

  • Battery on a law enforcement officer,

  • Battery on a firefighter,

  • Battery on a paramedic.

Simple Battery

The crime of misdemeanor battery requires that the State Attorney prove the following elements beyond a reasonable doubt:

  1. Intentionally touches or strikes another person against their will; or

  2. Intentionally causes bodily harm to another person.​​

Flicking a person's ear, for example, is a battery so long as it's done against the victim's will.  Now, please notice the "or" between element 1 and element 2.  Note that there is no requirement that the person be injured.  Touching someone against their will is sufficient.

A note about Aggravated Battery

Aggravated battery is a second degree felony punishable by up to 15 years in Florida state prison.  Essentially, it's a battery that causes great bodily harm or a battery that is committed with a deadly weapon, for example, a baseball bat, crow bar, or (even) a rock.

Some viable defenses...

Since an element of battery is that the contact be non-consensual, consent to the contact, such as mutual "horse-play" is a viable defense.  Self defense, also known as justifiable use of force, is a defense to the crime of battery so long as you use non-deadly force to defend yourself against another person's unlawful attack.

There is Hope

If you or a loved one is arrested and charged with a battery offense, please call our 24-hour telephone number 305-461-1066 to set up an appointment and free consultation so we can assess your particular case and provide you with the best legal advice on how to proceed.  

I want to hear your side of the story.

Rick Hermida

State and Federal Criminal Defense Attorney

55 Merrick Way ~ Suite 212

Coral Gables, Florida 33134

305-461-1116 (Office)

305-461-1066 (24 Hours)

We are solely a Criminal Defense Law Firm.  That's all we do and all we have done since 1987.