What is Battery in Florida?
Simple Battery is a First Degree Misdemeanor in Florida which is punishable by up to a year in the county jail. If convicted a person could also receive probation or some combination of jail and probation for up to a year.
This offense occurs when a person:
1. Actually and intentionally touches or strikes another person against the will of the other; or
2. Intentionally causes bodily harm to another person.
Defenses to battery
Some of the defenses to Simple Battery are:
- Although a battery, it was an act of self-defense.
- The battery was done to protect another person.
- Consent – the other person gave you actual or implied permission to commit the battery.
- It was an act of mutual combat.
- The battery was accidental — there was no intent to commit a battery.
Belser v. State, 854 So. 2d 223 (Fla. Dist. Ct. App. 2003). Elements of the offense of Battery.
Budd v. State, 477 So. 2d 52 (Fla. Dist. Ct. App. 1985). On Consent.
Rodriguez v. State, 443 So. 2d 286 (Fla. Dist. Ct. App. 1983). On Mutual Combat.
Contact Criminal Defense Attorney Glenn M. Swiatek for a Free Initial Consultation in Destin, Shalimar, Crestview, Ft. Walton Beach and other areas of Northwest Florida
If you have been arrested or believe you will soon be arrested for the offense of simple battery in Destin, Shalimar, Crestview, Ft. Walton Beach or other areas of Northwest Florida please call us today at (850) 609‑0940 or contact us online.
Initial Office Consults are free, and I will make myself available to suit your schedule. Get the peace of mind that an attorney with over twenty-three years of criminal law experience can bring.