In Florida, a battery charge involves unlawful physical contact with another person without their consent. The crime of battery is defined under Florida Statutes § 784.03.  If you're facing a battery charge in Jacksonville you should consult with a Duval County criminal defense lawyer immediately.  

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Definition of Battery:

Battery occurs when a person:

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

2. Intentionally causes bodily harm to another person.

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Types of Battery Charges:

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1. Simple Battery (Misdemeanor Battery):

Definition: This involves the intentional touching or striking of another person without their consent, or causing bodily harm. No serious injury or use of a weapon is required.

Penalties: Simple battery is typically classified as a first-degree misdemeanor in Florida.

Jail Time: Up to 1 year in jail.

Probation: Up to 1 year of probation.

Fines: Up to $1,000 in fines.

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2. Felony Battery:

Definition: Felony battery occurs when a person actually and intentionally touches or strikes another person against their will and causes great bodily harm, permanent disability, or permanent disfigurement. It does not require the use of a weapon.

Penalties: Felony battery is classified as a third-degree felony in Florida.

Prison Time: Up to 5 years in prison.

Probation: Up to 5 years of probation.

Fines: Up to $5,000 in fines.

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3. Aggravated Battery:

Definition: Aggravated battery involves intentionally causing serious injury or using a deadly weapon. Additionally, battery on a person known to be pregnant automatically qualifies as aggravated battery.

Penalties: Aggravated battery is classified as a second-degree felony in Florida.

Prison Time: Up to 15 years in prison.

Probation: Up to 15 years of probation.

Fines: Up to $10,000 in fines.

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Enhancements for Certain Victims:

Florida law imposes enhanced penalties for battery committed against certain protected individuals, such as law enforcement officers, firefighters, emergency medical care providers, and others engaged in their official duties.

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Defenses to Battery Charges:

Some common defenses to battery charges include:

Consent: Arguing that the alleged victim consented to the contact.

Self-defense: Claiming that the defendant acted to protect themselves from harm.

Defense of others: Justifying the battery as a means of protecting another person.

Lack of intent: Proving that the contact was accidental and not intentional.

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Battery vs. Assault:

It’s important to note the distinction between battery and assault in Florida:

Battery involves actual physical contact or harm.

Assault involves the threat of harm without physical contact.

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A battery charge in Florida is a serious offense, with penalties that can significantly impact a person’s life. Legal representation is important for anyone facing such charges to ensure their rights are protected.

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If you are charged with a Jacksonville Battery crime in Duval County contact our office.  Consultations are always free and always confidential.