Florida Statute 784.03 defines battery: actually and intentionally touching or striking another person against their will, or intentionally causing them bodily harm. Note what is missing — injury is not required. An unwanted shove, a grabbed wrist, a thrown drink that connects: all battery.
Penalties
- Simple battery: first-degree misdemeanor — up to 1 year in jail.
- Second or subsequent battery (after any prior battery, aggravated battery, or felony battery conviction): third-degree felony — up to 5 years (§ 784.03(2)).
The detail most people miss
For the felony escalation, the statute defines “conviction” as a determination of guilt by plea or trial — “regardless of whether adjudication is withheld or a plea of nolo contendere is entered.” Read that twice: the withhold of adjudication you took years ago to “keep it off your record” still counts as the prior that makes today’s charge a felony. People discover this at first appearance, and it is too late to un-plead.
Where these cases are fought
Battery cases are consent, self-defense, and credibility cases — mutual combat, defense of self or others, and Stand Your Ground immunity all live here, and the alleged victim’s wishes do not control whether the State Attorney prosecutes.
Charged with battery in Polk, Highlands, or Hardee County? Call (863) 774-4556 for a free consultation, or send us a message. Board Certified · Reach Us 24/7 · Hablamos Español.
Read the law yourself: Fla. Stat. § 784.03 (official Florida Statutes). Related on this site: Violent crime defense.
Legally reviewed by Tonmiel Rodriguez, Board Certified in Criminal Trial Law by The Florida Bar. The Rodriguez Law Office defends these charges across Polk, Highlands, and Hardee Counties. This article is general information about Florida law, not legal advice about your case.