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Battery Charges in Florida

Florida has several types of battery crimes:

1. Misdemeanor Battery,
2. Domestic Violence Battery,
3. Felony Battery, and
4. Aggravated Battery.

Additionally, Florida reclassifies certain battery crimes depending on the status of the victim. If a battery is reclassified, a person is subject to a greater penalty.

Battery

Simple Battery is a First Degree Misdemeanor punishable by any combination of 1 year in jail, 1 year of probation, or a fine up to $1,000.

Misdemeanor battery can be committed in one of two ways, either:

• Intentionally touching or striking another person against their will; or
• Intentionally causing bodily harm to another person.

As you can see, a battery can occur from something minor, such as grabbing another person's arm; or a battery could also occur by throwing something at a person.

Importantly though, when it comes to touching or striking a person, there is no requirement that the person be injured - the un-consensual contact is sufficient.

Defenses to Battery

Their are two primary defenses to battery; self-defense and consent.

Self Defense: Also known as the justified 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.

Consent: Since an element of battery is that the contact be un-consensual, consent to the contact is an obvious defense. Other examples where consent would be applicable are athletic events.

• Mutual Combat: While not sanctioned as a legal defense, mutual combat is a theory that can be argued to a jury as a sub-category of the defense of consent. Essentially, the theory goes, if two people mutually engage in a fight (usually a bar brawl) neither person should be able to complain of the ensuing contact.

Battery Reclassification

Florida reclassifies or upgrades the crime of battery if the battered person falls into one of the following categories and was engaged in the lawful performance of his or her duty when they were battered.

• Emergency Medical Care Provider: This category includes ambulance drivers, emergency medical technicians, paramedics, registered nurses, and physicians.
• Firefighter: This category, while self explanatory, also includes any person who works for the state putting out fires.
• Law Enforcement Officer: This category includes law enforcement officers, correctional officer, probation officers, federal law enforcement officers, and Fish and Wildlife Officers.

If the person you are accused of battering falls into one of these categories, the battery charge if reclassified as follows:

• Battery: Reclassified from a First Degree Misdemeanor to a Third Degree Felony.
• Aggravated Battery: From a Second Degree Felony to a First Degree Felony. Additionally, any person convicted of aggravated battery of a law enforcement officer shall be sentenced to a minimum 5 years in prison.

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The material on this page represents general legal advice. Since the law is continually changing, some of the provisions contained here may be out of date. It is always best to consult a criminal defense attorney about your legal rights and responsibilities regarding your particular case.

The hiring of a Florida criminal lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice or the formation of a criminal defense lawyer / client relationship.

Contact Criminal Defense Lawyer Charley Demosthenous

If you have been arrested or charged with a crime, please contact Tampa Criminal Defense Attorney Charley Demosthenous today. The sooner you contact me, the sooner I can establish a defense on your behalf.

The initial consultation is free of charge and I will inform you of possible defense strategies and/or remedies. I am available 24 hours a day, 7 days a week. (813) 857-8237

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William S. Foley, P.A.
Divorce and Family Law

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