Florida Statute: 784.03 

(1)(a) The offense of battery occurs 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.(b) Except as provided in subsection (2), a person who commits battery commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.(2) A person who has one prior conviction for battery, aggravated battery, or felony battery and who commits any second or subsequent battery commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. For purposes of this subsection, “conviction” means a determination of guilt that is the result of a plea or a trial, regardless of whether adjudication is withheld or a plea of nolo contendere is entered.

battery lawyer in orlando fl

What is Battery?

Battery is even more straightforward than the crime of assault. Battery only requires two basic things: (a) you intended to touch another person in a way that was harmful or unwanted, and (b) you actually touched that person in a way that was harmful or unwanted. That’s it. That is all the state is required to prove in order to prove that you are guilty of battery. Of course, there are exceptions to the rule and a ton of exceptions which we will discuss, but the general crime itself is simple and straightforward.

A simple example: someone punches another person. Depending on what item is used to make contact with the other individual, Battery can range from a misdemeanor to a felony. For example, using your hands will almost always be a simple misdemeanor battery, outside of other circumstances discussed in another chapter. However, if you use a weapon to harm someone then the misdemeanor turns into a felony. For example, you hit someone with a baseball bat and now you have a felony.

Types of Battery

Simple – This is the unauthorized act of contact or using physical force to cause harm to another individual. This can be touching or physical injury.

Penalty: Misdemeanor offense with fines and up to a year in jail.

Aggravated – This type of battery will result in serious physical injuries. A weapon can be used to cause these injuries to the victim. In order to be charged for aggravated battery, the offender would have intended to cause harm to the victim.

Penalty: This can be a misdemeanor or a felony. If there are minimal injuries, then it’s usually a misdemeanor. Penalties can be fines and up to a year in jail. If the injuries are severe or a weapon was used, then it’s a felony. Penalties include fines and up to 25 years in prison.

Medical – If a medical professional fails to obtain consent from a patient to perform a task, then they have committed battery. This could be through touching the patient or handling the patient’s body without consent. This act could be used in a medical malpractice lawsuit for negligence.

Penalty: Misdemeanor offense with fines and up to a year in jail. May have to compensate the victim for any losses.

Aggravated Battery On a Pregnant Woman

Aggravated battery on a pregnant woman is a serious criminal offense under Florida law, classified as a felony due to the intentional infliction of harm on a known pregnant individual. This crime is considered especially egregious given the victim’s heightened vulnerability, and Florida statutes impose enhanced penalties to reflect the offense's severity. Convictions can result in long-term imprisonment, significant fines, and collateral consequences such as difficulty securing employment, housing, and civil liberties.

Key factors in prosecution include the defendant’s intent and knowledge of the victim’s pregnancy. A defendant's awareness of the pregnancy escalates the offense and moral culpability, though a lack of such knowledge may offer a viable defense if supported by evidence. Legal proceedings typically begin with arrest and arraignment, followed by potential plea negotiations and trial. Legal representation is crucial from the outset, as an experienced battery defense attorney can identify procedural flaws, challenge the admissibility of evidence, and assert strategic defenses—such as lack of intent or consent.

Defendants should avoid contacting the alleged victim and instead gather supporting evidence while exercising their right to remain silent. Expert witnesses and mitigating factors—like emotional distress or misunderstanding—can influence trial outcomes and sentencing. In some cases, defendants may later pursue expungement or record sealing, depending on eligibility.

Ultimately, this charge carries not only immediate legal consequences but also long-term personal, professional, and social repercussions. Prompt legal guidance, informed decision-making, and community education are vital to both defending against and preventing such serious offenses.

Aggravated Battery with Serious Bodily Injury

Aggravated battery with serious bodily injury is a felony offense marked by severe legal and personal repercussions. Legally distinct from simple battery, this charge involves the intentional infliction of significant physical harm—typically injuries that are life-threatening, permanently disfiguring, or result in long-term loss of bodily function. Jurisdictional nuances may alter definitions, but core elements remain consistent: intent, severity of injury, and direct causation. Use of a deadly weapon or infliction of long-term harm often elevates the offense from simple to aggravated battery.

Distinguishing aggravated battery from aggravated assault is crucial. While aggravated assault centers on threats or attempts to harm without actual physical contact, aggravated battery requires demonstrable injury. The presence of such injuries typically leads to more severe sentencing.

The consequences of conviction can include substantial prison time, significant fines, and long-term civil liabilities such as restitution for medical costs and emotional distress. Moreover, a felony record can impact employment, housing, voting rights, and firearm ownership.

Defense strategies against this charge include asserting self-defense, challenging the prosecution’s claim of intent, or undermining the credibility of the presented evidence. A strong legal defense often hinges on thorough case evaluation, strategic evidence analysis, and effective courtroom advocacy.

Ultimately, those accused of aggravated battery should retain experienced legal counsel. An attorney’s ability to assess the case, challenge the prosecution’s narrative, and negotiate effectively can significantly affect outcomes. Understanding the legal framework surrounding aggravated battery empowers defendants to protect their rights and pursue the best possible resolution.

Contact Us

If you or your loved one find themselves in a situation where you are being accused of battery? Call us right away at 407-930-8912 to speak with a qualified legal professional or fill out the contact form on this page. We’re available 24/7, we offer free initial consultation and payment plans. In addition to our Orlando office, we have offices in the following cities across the state of Florida:

*Additional Orlando Florida & Orange County Legal Resources