§ 784.03. Battery

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.

The offense of battery 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.

There are other possible defenses which I can explore with you during our Free Initial Consultation.

Contact Criminal Defense Attorney
Glenn M. Swiatek

Free Initial Consultation

Call us today at (850) 609‑0940 or send this form if you have been arrested, or believe you will soon be arrested, for the offense of Simple or Misdemeanor Battery in Northwest Florida.

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 when you are charged with Simple or Misdemeanor 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.