Battery Defense in Gainesville

How Florida Law Defines Battery

Under Florida Statute 784.03, battery means actually and intentionally touching or striking another person against that person’s will or intentionally causing bodily harm. Physical contact doesn’t have to cause a visible injury, but the prosecution must prove the intentional conduct required by the charged offense.

Battery and assault address different alleged conduct. Battery involves physical contact, while assault doesn’t require contact. Florida law generally classifies simple battery as a first-degree misdemeanor unless another statutory provision applies.

Felony Battery
A charge may become a third-degree felony when an intentional touch or strike causes great bodily harm, permanent disability, or permanent disfigurement. A second or subsequent offense can also become a third-degree felony when the accused has a qualifying prior battery conviction.

Aggravated Battery
This charge is generally a second-degree felony and can involve permanent disability, permanent disfigurement, great injury, or the use of a deadly weapon. It may also apply when the accused knew or reasonably should have known that the alleged victim was pregnant.

What Can Increase the Severity of a Battery Charge

The charging statute and details of the accusation determine the offense level. Prosecutors may consider several factors before filing or pursuing a charge:

• A prior qualifying battery conviction
• Great injury, permanent disability, or permanent disfigurement
• The alleged use of a deadly weapon
• Knowledge or reasonable belief that the alleged victim was pregnant

The relationship between the people involved can also affect the applicable legal procedures and consequences. Because this page addresses non-domestic allegations, anyone accused in a domestic context should obtain advice based on the precise charge and court documents involved.