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Battery
Simple Battery:
Defined as:
  1. Actually and intentionally touching or striking the victim against their will; OR​
  2. Intentionally causing bodily harm to the victim.
Penalties:
  • Battery is a misdemeanor of the first degree, punishable by up to 1 year in the county jail & no more than a $1,000 fine. 
- Section 784.03 of the Florida Statutes
Domestic Battery by Strangulation:
Defined as:
  • Knowingly, intentionally and against the will of the victim, impeding the victim's normal breathing or circulation of blood so as to cause or create a risk of great bodily harm by:
    • Applying pressure on the throat or neck of the victim; OR
    • Blocking the nose or mouth of the victim;​
  • AND the victim is:
    • A family or household member; OR​
    • A person with whom you are in a dating relationship with.
Penalties:
  • Domestic Battery by Strangulation is a felony of the third degree, punishable by up to 5 years in prison and no more than a $5,000 fine. 
- Section 784.041 of the Florida Statutes
Aggravated Battery:
  • A person commits an "aggravated battery" if, in committing a battery they: 
    • Intentionally or knowingly cause great bodily harm, permanent disability, or permanent disfigurement; 
    • Use a deadly weapon; OR
    • ​Knew (or should have known) that the victim was pregnant.
  • Aggravated Battery is a felony of the second degree, punishable by up to 15 years in prison & no more than a $10,000 fine.
- Section 784.045 of the Florida Statutes
If Victim is 65 or Older:
  • Committing a Battery on a victim 65 years of age or older enhances the offense to a felony of the third degree, punishable by up to 5 years in prison & no more than a $5,000 fine. ​
    • Section 784.08(2)(c) of the Florida Statutes​
  • Committing an Aggravated Battery on a victim 65 years of age or older enhances the offense to a felony of the first degree, punishable by up to 30 years in prison & no more than a $10,000 fine. Anyone convicted of Aggravated Battery on a victim 65 or older MUST be sentenced to at least 3 years in prison.
    • Section 784.08(2)(a) of the Florida Statutes​
Battery & Aggravated Battery on Law Enforcement Officers, Firefighters, Emergency Medical Care Providers, Public Transit Employees or Agents, or Other Specified Officers:
  • Knowingly committing a Battery on any of these specified personnel will enhance the charge to a felony of the third degree, punishable by up to 5 years in prison & no more than a $5,000 fine.
    • Section 784.07(2)(b) of the Florida Statutes​
  • Knowingly committing an Aggravated Battery on any of these specified personnel will enhance the charge to a felony of the first degree, punishable by up to 30 years in prison & no more than a $10,000 fine. 
  • A conviction for Aggravated Battery on a Law Enforcement Officer carries a minimum prison sentence of 5 years. 
    • Section 784.07(2)(d) of the Florida Statutes​
       
Battery is an "enhance-able" offense:
  • A person who (1) has 1 prior conviction for battery, aggravated battery, or felony battery; AND (2) commits a second or subsequent battery can be charged with a felony of the third degree, punishable by up to 5 years in prison and no more than a $5,000 fine. 
- Section 784.03(2) of the Florida Statutes
Domestic Violence Mandatory Probation:
  • If you are found guilty of a crime of domestic violence, regardless of whether adjudication was withheld, the court SHALL order you to a minimum term of 1 year probation AND the court SHALL order you to attend and complete a batterer's intervention program as a term of probation. 
- Section 741.281 of the Florida Statutes
Domestic Violence Minimum Required Jail Sentences:
  • If you are adjudicated guilty of a crime involving domestic violence AND you intentionally caused bodily harm to the victim, THEN the court must sentence you to a minimum jail sentence of:
    • 10 days for a first offense;
    • 15 days for a second offense; and
    • 20 days for a third or subsequent offense.​
  • If you are adjudicated guilty of a crime involving domestic violence AND you intentionally caused bodily harm to the victim AND the crime took place in the presence of a child under the age of 16, THEN the court must sentence you to a minimum jail sentence of:
    • 15 days for a first offense;​
    • 20 days for a second offense; and
    • 30 days for a third or subsequent offense.
- Section 741.283 of the Florida Statutes
CALL NOW FOR YOUR FREE CASE CONSULTATION WITH A TAMPA CRIMINAL DEFENSE ATTORNEY
  • A conviction for Battery can have serious consequences including fines, probation and even incarceration.
  • If you have been charged with Battery, call (813) 787-4849 now for a free case consultation. 
     
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