FAQs About Battery in Florida

October 9, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Battery is a very serious crime in Florida, but is sometimes misunderstood, as it is frequently confused with assault. This article explains what you need to know about battery in Florida, including the differences between assault and battery.

In Florida, battery is a serious offense (Fla. Stat. 784.03). However, is it also among the most misunderstood crimes, as it is often confused with assault. This blog will answer frequently asked questions about the crime of battery in Florida.

#1 – What is battery?

Battery occurs when someone either actually or intentionally touches or strikes another person against that person’s will, or intentionally causes bodily harm to another person.

#2 – What must the State prove for someone to be found guilty?

For someone to be found guilty of battery, the State must prove all of following elements beyond a reasonable doubt:

• The defendant touched or struck another person
• The defendant did so intentionally
• The defendant did so against that person’s will (lack of consent)

#3 – Is battery a felony or misdemeanor in Florida?

It depends. Simple battery (the least severe) is considered a first-degree misdemeanor (up to 1 year in jail and a $1,000 fine). If someone has a prior conviction for battery, aggravated battery or felony battery and commits a second (or subsequent) battery, it is a third-degree felony (up to 5 years in prison and a $5,000 fine).

If someone commits a battery in furtherance of a riot or aggravated riot (as provided in Fla. Stat. 870.01), this is a third-degree felony even if it is someone’s first offense.

#4 – What is aggravated battery?

Aggravated battery (Fla. Stat. 784.045) is a more serious form of battery. This occurs when a battery is committed with a deadly weapon or intentionally and knowingly causes great bodily harm, permanent disability or permanent disfigurement to a victim. Aggravated battery is also committed any time someone batters a victim they knew or should have known was pregnant.

Aggravated battery is a second-degree felony, punishable by up to 15 years in prison, 15 years of probation, and a $10,000 fine. For more on similarities and differences between simple battery and aggravated battery, click here.

#5 – What is felony battery?

Felony battery (Fla. Stat. 784.041) occurs when someone actually and intentionally touches or strikes another person against their will and causes them great bodily harm, permanent disability, or permanent disfigurement. 

Unlike aggravated battery, someone does not have to intentionally and knowingly inflict great bodily harm, permanent disability or permanent disfigurement. As long as this results from their intentional and unlawful physical contact, felony battery has been committed.

Felony battery is a third-degree felony in Florida, punishable by up to 5 years in prison, 5 years of probation and a $5,000 fine.

#6 – What is domestic battery by strangulation?

Domestic battery by strangulation is another type of battery under Fla. Stat. 784.041. It occurs when a defendant knowingly and intentionally impedes the normal breathing or circulation of the blood of a member of their household against that person’s will. This can include:

• Any member of their immediate family that they live with
• Anyone who lives in the home with them
• Anyone they are in a dating relationship with

Domestic battery by strangulation occurs when someone “applies pressure on the throat or neck of the other person, or by blocking the nose or mouth of the other person” to prevent breathing or blood circulation. Like felony battery, it is a third-degree felony.

#7 – So, does this mean contact sports (like football and hockey) are illegal?

No, because Florida’s battery law does not make it a crime every time a person makes physical contact with another person – including if that contact causes injury. If someone signs a consent form (e.g. to join a sports league or box), this allows for physical contact to occur lawfully that would otherwise be considered battery (as it is not without the consent of the other person).

#8 – Will the charges be dropped if the alleged victim does not want to prosecute?

No, just because the alleged victim does not want to prosecute in a battery case does not mean the charges will go away. The State (prosecutors) are given discretion as to whether or not a person is formally charged with battery. 

Though an alleged victim’s wishes may be considered, it is not like TV where the State decides whether or not to bring charges simply based on the desires of the alleged victim. The State will base its decision on what they can (or cannot) prove.

#9 – Can I claim self-defense in a battery case?

Yes, absolutely. Florida’s Stand Your Ground law allows the use or threatened use of force if it is a reasonable and proportional response to an imminent threat. This can include if someone is acting in self-defense, defense of others, or to prevent the commission of a forcible felony.

In some cases (such as if someone was involved in a fight they did not start), self-defense may be a potent defense. For more on Florida’s Stand Your Ground law (the state’s primary statute that governs self-defense claims), click here.

#10 – What if the victim was not cut, bruised, or injured?

While this fact may be a defense to more serious forms of battery (e.g. felony battery and aggravated battery), it is not a defense to simple (misdemeanor) battery. Battery is committed through the actual or intentional touching or striking of another against their will. The law does not require bleeding, bruises, or a hospital visit for a conviction.

#11 – What is the difference between assault and battery in Florida?

This is perhaps the most common question. The primary difference between assault and battery is that assault puts someone in fear of a battery (unwelcome physical contact), but no physical contact actually occurs. A battery, by contrast, involves the actual or intentional touching or striking of another person against their will.

For someone to be convicted of assault, the following must be proven beyond a reasonable doubt:

• The defendant intentionally and unlawfully threatened the victim with imminent violence (harmful physical contact against their will)
• The defendant had the apparent ability (not required to be actual ability) to carry out the threat 
• The threat was of a nature to put a reasonable victim in well-founded fear that violence was about to occur

Thus, if someone gets punched and someone says the victim got “assaulted,” this is technically not correct. Florida law defines what occurred as a battery, not an assault. For more on assault laws in Florida and potential penalties someone may face if charged with assault, click here.

#12 – Can words alone be considered battery?

No, words alone (without any physical contact) cannot be considered battery. This is because battery requires a physical touching or striking of another person against their will. Words may be considered assault under certain circumstances, but the words must specifically be a threat that reasonably places the victim in imminent fear of unlawful violence.

#13 – Can battery be charged if it was an accident?

Yes, battery can technically be charged if someone was hit by accident. For example, if someone deliberately swings their arm in a crowded area and hits someone without targeting them, battery charges may still result.

This is because the defendant struck the victim (even if the harm was technically not intentional) against their will. However, the action that led to the battery charge must be deliberate. A person cannot, for example, have a medical episode that causes them to make contact with another and be charged with battery.

#14 – What are some potential defenses to battery charges in Florida? 

Many possible defenses exist to a charge of battery (simple, felony, domestic or aggravated) in Florida, one or more of which may apply depending on the facts of a case. These include:

• Consent (someone agreeing to the contact, such as in a sports game or boxing match)
• Stand Your Ground/self-defense (if reasonable and proportional to the imminent threat faced)
• Fabricated allegations (if no evidence the battery occurred)
• Mistaken identity/alibi
• Procedural defenses (e.g. motions to suppress post-Miranda statements, motions to exclude unlawfully obtained evidence)
• Involuntary movement (e.g. a muscle spasm resulted in the contact)
• No serious injury (if someone is charged with aggravated/felony battery)
• Insufficient evidence
• Insanity (the defendant must not understand what they are doing or not appreciate that it is wrong)
• Parental discipline (such as light spanking without bruising, but excessive punishment that causes bruises or welts is prohibited under State v. McDonald, 785 So. 2d 640 (Fla. 2d DCA 2001))

In sum, battery is a serious crime in Florida. Battery is what is often referred to as “assault” – an unlawful touching or striking of another without their consent.Battery can be charged as a felony or misdemeanor, depending on factors like the nature of the contact, severity of injuries caused (if any), or the legal status of the defendant (e.g. repeat offender) or victim (e.g. pregnant).

In the event someone is charged with battery, aggravated battery, felony battery, sexual battery or attempted sexual battery, it is vital to seek out aggressive and experienced legal counsel as soon as possible. The attorneys at Pumphrey Law have decades of experience fighting to win for clients across Florida.

Criminal Defense Attorney in Tallahassee, FL

Don Pumphrey, Jr. is a Former Prosecutor, Former State Police Officer, Lifetime Member of the Florida Association of Criminal Defense Lawyers; for over 25 years as a private defense attorney who is Trusted, Experienced, Aggressive in Criminal Defense as a Trial Attorney, Criminal Lawyer, Criminal Defense Lawyer for the accused in Florida State Courts located in Tallahassee, Florida but handling cases throughout the State of Florida.

Don Pumphrey, Jr. and the Tallahassee criminal defense lawyers at Pumphrey Law have decades of experience fighting drug charges on behalf of clients and winning. Call Pumphrey Law now at (850) 681-7777 to learn more about what we can do for you. Our lawyers will be happy to provide you with a free consultation.

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