Florida Battery Laws

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In order to convict you of battery, the prosecution will need to prove that you intentionally touched or struck someone without their consent, or that you deliberately caused bodily harm to another person (the key difference between assault and battery). Depending upon the factors involved in the alleged offense, battery can be charged as either a misdemeanor or felony.

Penalties for Battery

There are three different types of battery offenses that can be charged in Florida. Sentencing will depend upon the specific charges brought against the defendant.

Battery
Under Statute 784.03, simple battery is charged when the defendant harms a victim by purposefully striking or touching them. Penalties for simple battery will depend upon whether it is the defendant’s first or second offense.

• First Offense – First Degree Misdemeanor
  • Fines up to $1,000
  • Incarceration in county jail for a maximum of 1 year
• Second Offense – Third Degree Felony
  • Fines up to $5,000
  • Incarceration in state prison for a maximum of 5 years

Felony Battery
Felony Battery is charged under Statute 784.041 when a defendant intentionally strikes or touches a victim against their will and causes great bodily harm or permanent disfigurement or disability. Felony battery is punishable by:

• Fines up to $5,000
• Incarceration in state prison for a maximum of 5 years

Aggravated Battery
Statute 784.045 defines aggravated battery as committing battery through the use of a deadly weapon or intentionally causing a victim to suffer serious bodily harm or permanent disfigurement or disability. Felony battery is also charged when a defendant commits battery against a pregnant woman. Aggravated battery is a second degree felony punishable by:

• Fines up to $10,000
• Incarceration in state prison for a maximum of 15 years

Get Help from a Criminal Lawyer in Fort Pierce, FL

Battery is a serious violent crime, and retaining competent legal counsel in the face of these charges could mean the difference between clearing your name and spending years in prison. I have more than 29 years of experience as a defense lawyer, and my team at T. Charles Shafer, Attorney at Law PLLC. is dedicated to defending clients accused of all types of misdemeanor and felony crimes in the Fort Pierce area.

I have devoted my career to protecting the rights and freedoms of those charged with criminal offenses in Florida, and I can aggressively advocate on your behalf. Don’t risk hiring someone with less experience or knowledge when you have this much at stake. Contact my office to schedule an appointment and get this process started.