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.


"Les prometo que ni usted, ni su familia, ESTARÁN solos durante este proceso tan DIFÍCIL."

55 Merrick Way, Suite 212

Coral Gables, Miami, Florida 33134

305-461-1066 (Disponible 24 horas)

305-461-1116 (Oficina)


55 Merrick Way, Suite 212

Coral Gables, Miami, Florida 33134

305-461-1066 (Disponible 24 horas)

305-461-1116 (Oficina)