Battery
Intentional touching or striking of another person against their will, or intentionally causing bodily harm.
Florida Statute
§ 784.03
Battery
Quick Summary
Battery generally involves intentional unwanted physical contact or intentionally causing bodily harm.
Classification Matrix
Use this as a quick classification reference. Specific facts, statutory circumstances, and charging allegations may affect the applicable result.
Simple Battery
F.S. § 784.03(1)
Actually and intentionally touching or striking another person against that person's will, or intentionally causing bodily harm.
Battery — Domestic Violence Designation
F.S. §§ 784.03(1); 741.28(2)
A simple battery committed by one family or household member against another. Domestic violence is a statutory designation; this record does not independently reclassify the simple-battery degree.
Repeat Battery
F.S. § 784.03(2)
A second or subsequent battery after one prior conviction for battery, aggravated battery, felony battery, or resisting an officer with violence. The statute defines conviction to include a guilty determination despite withheld adjudication or nolo contendere plea.
Battery in Furtherance of Riot or Aggravated Riot
F.S. § 784.03(3)
Battery committed in furtherance of a riot or aggravated riot. The statute separately provides a sentencing-rank increase for an aggravated-assault or felony violation committed in that setting.
Battery on Specified Protected Personnel
F.S. § 784.07(2)(b)
Knowingly battering a covered law-enforcement, fire-rescue, hospital, transit, security, utility, or other person listed in the statute while that person is performing official duties.
Battery on Person 65 or Older
F.S. § 784.08(2)(c)
Battery on a victim 65 years of age or older. Knowledge of the victim's age is not required for this reclassification.
Battery on Specified Official or Employee
F.S. § 784.081(2)(c), (3)
Battery on a covered school, education, sports, child-welfare, or health employee or official while knowing or having reason to know the victim's identity or position; sports-official timing limits apply.
Detained Person Batterying Visitor or Detainee
F.S. § 784.082(3)
A detained person battering a detention-facility visitor or another detainee.
Battery on Sexually Violent Predator Facility Staff
F.S. § 784.074(1)(c)
Battery on covered detention or commitment facility staff while the staff member performs lawful duties, with knowledge or reason to know the person's identity or employment.
Battery on Code Inspector
F.S. § 784.083
Battery on a code inspector while the inspector performs official duties, with knowledge or reason to know the victim's identity or employment.
Charge-Specific Elements
Open a charge to review the statutory facts that distinguish that charging track.
Simple Battery
Florida Statute § 784.03(1)
Simple Battery
Florida Statute § 784.03(1)
The basic battery offense under Florida Statute � 784.03(1).
What to Establish
Intentional touching or striking against the victim's will, or intentionally causing bodily harm.
Important Charge Note
Generally classified as a first-degree misdemeanor under the circumstances provided by Florida law.
Battery With Prior Battery Conviction
Florida Statute § 784.03(2)
Battery With Prior Battery Conviction
Florida Statute § 784.03(2)
Battery committed by a person with the qualifying prior conviction history specified in � 784.03(2).
What to Establish
The State must establish the battery and the qualifying prior conviction requirements provided by the statute.
Important Charge Note
Classification depends on the statutory prior-conviction requirements and should be verified against the current statute.
Battery in Furtherance of a Riot
Florida Statute § 784.03(3)
Battery in Furtherance of a Riot
Florida Statute § 784.03(3)
Battery committed in furtherance of a riot or aggravated riot under the circumstances described in � 784.03(3).
What to Establish
The State must establish the underlying battery and the additional circumstances required by the statute.
Important Charge Note
Review the current statutory language and charging allegations for the applicable requirements.
Elements of the Offense
Elements of the Offense
- Element 1
The defendant intentionally touched or struck the victim against the victim's will, or intentionally caused bodily harm.
Plain language: The defendant intentionally made unwanted physical contact or intentionally caused bodily harm.
- Element 2
The touching, striking, or bodily harm was done intentionally.
Plain language: The physical contact or harm was intentional.
Jury Instructions
Jury Instructions
Instruction 8.3
Battery
Refer to the current Florida Standard Jury Instructions in Criminal Cases for the complete instruction.
Important Definitions
Important Definitions
Touching or Striking
Battery under Florida law includes intentional touching or striking of another person against that person's will.
Bodily Harm
Battery may also be committed by intentionally causing bodily harm to another person.
Additional Notes
Additional Notes
Quick Reference
Battery generally involves intentional unwanted touching, striking, or intentionally causing bodily harm.
Important
Verify the current Florida Statutes and applicable jury instructions before relying on this information for an official proceeding.