Misdemeanor (Simple) Battery

According to the statute, battery refers to the intentional touching or striking of another person against their will, or the intentional causing of bodily harm to another person. Misdemeanor battery is typically charged when the act does not result in serious bodily injury or does not involve the use of a deadly weapon.

The key elements of simple battery in Florida are:

• Intent: The defendant must act intentionally.  This means that the defendant intended to make physical contact with the victim and knew or should have known that the contact was unauthorized. 

• Touching or Striking: The defendant intentionally touched or struck the victim against their will. This can include actions such as hitting, slapping, pushing, or any other form of physical contact.  This can also include throwing an object that strikes another person.  Note that for misdemeanor battery, there is no requirement that the person be injured or that a deadly weapon is used.

• Lack of Consent: The prosecution must prove that the touching or striking occurred without the consent of the victim; or “against their will”. Consent means that the victim willingly agreed to the contact.  Consent is a common defense to battery, as explained below.

Penalties for Simple Battery

Simple battery is classified as a first-degree misdemeanor in Florida, and if convicted, a person may face penalties such as fines, probation, or even jail.  The maximum penalties for misdemeanor battery are any combination of:

·       $1,000 fine

·       1 year in the county jail

·       1 year probation

Enhanced Penalties: Florida law protects certain groups of individuals in the public sector and enhances the penalties for crimes committed against them.  If a simple battery is committed against an emergency medical care provider, firefighter, or law enforcement officer, it is enhanced from a first-degree misdemeanor to a third-degree felony.

Defenses to Simple Battery

In Florida, individuals charged with misdemeanor battery may have several defenses available to them, depending on the circumstances of the case. Some common defenses to misdemeanor battery in Florida include:

• Self-Defense: If the defendant reasonably believed that they were in imminent danger of bodily harm or that force was necessary to defend themselves against such harm, they may have a valid self-defense claim.  However, the use of force must be proportional to the perceived threat.

  
  

• Defense of Others: Similar to self-defense, a person may use reasonable force to defend another individual who is in imminent danger of bodily harm.

  
  

• Consent: If the victim consented to the physical contact, it may serve as a defense to misdemeanor battery. However, the consent must be freely given and not obtained through coercion or fraud.  Because non-consensual contact is an element of the crime, consent is a defense.

  
  

• Insufficient Intent/Accident: If the physical contact was unintentional or the result of an accident, the defendant may argue that they did not have the requisite intent to commit a battery.  Intent is determined by the circumstances of the event. 

If you or someone you know is facing a Battery charge, contact Howeller Law, P.L.L.C. today.  Consultations are always free.