Battery is the unlawful touching of another person without their consent. Examples being: a punch to anywhere on the body, spitting, throwing an object. In short anything that could cause harm through physical touch.
The type of penalty sought by the State Attorney is dependent on the severity of the battery. A simple fight does not have the same penalties as beating someone to cause sever or permanent injuries.
The prosecutor also determines who should be charged and with what the charge, from a misdemeanor to a felony. This applies to everyone involved since it is not the individual who “presses charges” but the prosecutor.
Your most frequently asked questions
Florida Statute 784.03 defines a battery as occurring 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.
Florida Statute 784.041 defines felony battery and domestic battery by strangulation as a person who:
- Actually and intentionally touches or strikes another person against the will of the other; and
- Causes great bodily harm, permanent disability, or permanent disfigurement.
Florida Statute 784.045 defines Aggravated battery as a person who:
- Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or
- Uses a deadly weapon.
Special note: A person commits aggravated battery if the person who was the victim of the battery was pregnant at the time of the offense and the offender knew or should have known that the victim was pregnant.
- The unlawful or negligent,
- Harmful or offensive,
- Touching of another person.
The elements can be roughly explained as:
Unlawful – negligent, unreasonable, or purposeful touching.
Harmful or offensive – it must be such that a reasonable person would find unwanted.
Touching – anything that is connected to the person, even striking the car with a person in it is considered battery.
This is charged as a misdemeanor first degree misdemeanor with a maximum penalty of:
- Up to a year in the county jail
- A term of probation up to a year, or
- A combination of both probation and jail not to exceed 15 year; and
- Fine of up to $1,000
This is charged as a Third degree felony with the maximum penalty being:
- A term of imprisonment of up to 5 years,
- A term of probation up to 5 years or,
- A combination of both probation and prison not to exceed 5 year; and
- Fine of up to $5,000
This is charged as a second degree felony with the maximum penalty being:
- A term of imprisonment of up to15 years,
- A term of probation up to 15 years or,
- A combination of both probation and prison not to exceed 15 year; and
- Fine of up to $10,000
Normally, these cases take anywhere from a 2-9 months depending on the amount of evidence the prosecutor turns over, how many depositions, investigator reports, motions, etc.
The best-case scenario in any criminal case is an outright dismissal. The second best is to negotiate a plea deal that will not affect you for the rest of your life. Then there is a negotiated plea that doesn’t involve any jail time, or does not involve prison time. Worst case is either a jail or prison sentence, or the uncertainty of trial.
Consent to the touching is not considered battery. A boxing, MMA match, football game, etc. with another is not considered battery.
Non-negligent touching such a inadvertently bumping or running into someone. It must be something that most people would view as incidental or not something that was intentional. Examples are backing into someone, tapping someone on the shoulder to gain their attention, etc.
Having someone say or doing something that would provoke a reasonable person to physical combat.
This is a short list of the possible defenses which is why a consultation, which is covered under attorney-client privilege, is necessary.
These are the general flat fees for my services:
Misdemeanor Battery – $1,500
Felony Battery – $3,000
Aggravated Battery – $5,000
All fees are based on my average fee for most cases. Attorney’s fees always increase with the complexity of the case.
I like to be completely transparent with my clients so they know they are not being taken advantage. The majority of my cases fall into the fees shown in the box above. That way, when you call for a consultation, you know that you are dealing with a professional. I feel it also build trust with my client to be upfront.
That way you will know how much it may cost you to hire an attorney with 16 years experience in criminal law, who loves fighting for his clients.
We look forward to be by your side and advocating for you.
In trouble with the law and need help? Just contact me for a no judgement consultation.
Besides, consultations are free so you have nothing to lose. After speaking with me, you will have a better understanding of the consequences, risks (both short and long term), and what I can do for you. I’ve heard and defended just about every type of crime. You’ll see that I am very easy to talk with and our conversation is covered under attorney-client privilege.