Battery Charges Lawyer

Types of Battery Charges

A simple battery in Florida can be categorized as either a “touch and strike” battery or a bodily harm battery. A touch and strike battery does not require physical injury—intentional touching against the will of the other person is enough. For example, a push can be sufficient to convict someone of misdemeanor battery. A simple battery is a first-degree misdemeanor, punishable by up to a year in the county jail.

There are several ways a battery charge can be elevated to more severe charges, and the penalties will change accordingly:

• Second or Subsequent Battery: A felony of the third degree, punishable by up to 5 years in prison.
• Felony Battery: Intentionally touching a person and causing great bodily harm or domestic battery by strangulation. A felony of the third degree, punishable by up to 5 years in prison.
• Simple Battery on a Law Enforcement Officer: A felony of the third degree, punishable by up to 5 years in prison.
• Aggravated Battery: Battery involving the use of a deadly weapon, intentionally causing great bodily harm, or battery against a pregnant individual. A felony of the second degree, punishable by up to 15 years in prison.
• Aggravated Battery on a Law Enforcement Officer: A first-degree felony, punishable by up to 30 years of incarceration, with a mandatory minimum sentence of 5 years in prison.

Penalties for battery charges range from significant fines to years of imprisonment and probation. With more than 10 years of experience in defending clients against battery charges, our Fort Lauderdale battery attorney at The Law Offices of Daniel Rosenberg is dedicated to providing you with the best possible defense.

Contact our office today to speak with an experienced Fort Lauderdale battery lawyer and begin working on your defense.

Simple Battery – Florida Statute 784.03

A person commits the offense of battery when they:

• Actually and intentionally touch or strike another person against the will of the other; or
• Intentionally cause bodily harm to another person.

Felony Battery – Florida Statute 784.041

A person commits felony battery if they:

1. Actually and intentionally touch or strike another person against the will of the other; and
2. Cause great bodily harm, permanent disability, or permanent disfigurement.

Domestic Battery by Strangulation: A person commits domestic battery by strangulation if they knowingly and intentionally impede the normal breathing or circulation of blood of a family or household member, or someone they are in a dating relationship with, so as to create a risk of or cause great bodily harm by applying pressure to the throat or neck or by blocking the nose or mouth.

A person commits aggravated battery when:

1. In committing battery, they intentionally or knowingly cause great bodily harm, permanent disability, or permanent disfigurement; or
2. Use a deadly weapon during the commission of the battery.

Aggravated battery also applies if the victim was pregnant at the time of the offense and the offender knew or should have known the victim was pregnant.

When a person is charged with knowingly committing battery against a law enforcement officer, firefighter, emergency medical provider, or other specified public safety officials while they are performing their lawful duties, the charges are enhanced as follows:

• Battery: Reclassified from a first-degree misdemeanor to a third-degree felony.
• Aggravated Battery: Reclassified from a second-degree felony to a first-degree felony. If convicted, the defendant faces a mandatory minimum sentence of 5 years in prison.