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Battery in Florida

On Behalf of Irizarry DUI & Criminal Defense PLLC | Jul 17, 2026 | Firm News

Florida Statute §784.03   |   Classification: First-Degree Misdemeanor (first offense)

What Is This Charge?

Battery in Florida is the actual and intentional touching or striking of another person against their will, or intentionally causing bodily harm to another person. Unlike assault, battery requires physical contact. Even a push, slap, or unwanted grab can result in a battery charge.

Penalties & Fines

  • Up to 1 year in county jail

  • Up to 1 year of probation

  • Up to $1,000 in fines

  • A second or subsequent battery conviction becomes a Third-Degree Felony (up to 5 years)

  • Battery resulting in great bodily harm, permanent disability, or disfigurement becomes Felony Battery

Additional Consequences

  • Permanent criminal record

  • Possible no-contact or restraining orders

  • Immigration consequences for non-citizens

  • Loss of certain professional licenses

Possible Defenses

  • Self-defense or defense of others

  • The touching was accidental, not intentional

  • Consent (e.g., mutual combat or contact sports)

  • The alleged victim was not touched against their will

  • Lawful use of force

Why You Need a Defense Attorney

Battery charges frequently arise from arguments, domestic disputes, bar altercations, or misunderstandings. Because intent is a required element, an experienced attorney can challenge whether the contact was truly intentional and whether it was actually against the other person’s will. First-time offenders may qualify for diversion programs that can result in the charge being dismissed entirely.

Call today for a free consultation: (813) 888-8888  |  Email: [email protected]

Serving Hillsborough, Pinellas, Pasco, and Polk Counties. Virtual consultations available.

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