David M. Edelstein, P.A.

Under Florida law, simple battery is defined as the intentional touching or striking of another person against their will or the intentional causing of bodily harm to another person. Simple battery is a first degree misdemeanor, punishable by up to one year in jail and a fine of up to $1,000. The offense could be upgraded to a third-degree felony if the victim of the battery was a law enforcement officer, firefighter, or other public servant who was engaged in performing their official duties at the time of the offense. In this case, the offender can be punished by up to five years in prison and a fine of up to $5,000.

To be convicted of misdemeanor battery, you must have engaged in certain behavior, such as causing physical injury to another person through physical contact or touching them against their will. To be convicted of misdemeanor battery, the prosecutor must prove beyond a reasonable doubt that you acted with the intent to touch or strike the victim against their will or that you intended to cause them bodily harm. It is possible to be found guilty of battery even if you did not directly touch the person's body, as long as you touched an object closely connected to the person's body, such as clothing or a backpack.

Simple battery is a separate offense from an aggravated battery, which involves the use of a deadly weapon or the intent to commit a serious injury. Aggravated battery is a second-degree felony, punishable by up to 15 years in prison and a fine of up to $10,000.

There are several defenses to battery charges in Florida that a criminal defense attorney may raise on behalf of a defendant. Some possible defenses to battery charges include:

• Self-defense: If the defendant used physical force against the victim to protect themselves or another person from imminent harm, they may be able to claim self-defense as a defense to battery charges.
• Defense of others: If the defendant used physical force to protect another person from imminent harm, they may be able to claim defense of others as a defense to battery charges.
• Defense of property: If the defendant used physical force to protect their own property or the property of another person from imminent harm, they might be able to claim defense of property as a defense to battery charges.
• Lack of intent: If the defendant did not intend to touch or strike the victim against their will, or did not intend to cause them bodily harm, they may be able to argue that they did not have the required intent for a battery charge.
• Accident: If the physical contact or harm was the result of an accident, the defendant may be able to argue that they did not act with the required intent for a battery charge.
• Consent: If the victim consented to the physical contact or harm, the defendant may be able to argue that they did not act with the required intent for a battery charge.

These defenses may not be applicable in all cases, and the specific defenses that are available will depend on the circumstances of the case. An experienced criminal defense attorney can help you understand the defenses that may be available to you and advise you on the best course of action to take.

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