Battery
Arrest exception may applyIntentional touching or striking of another person against their will, or intentionally causing bodily harm.
Florida Statute
§ 784.03
Battery; felony battery
Verified against the 2026 Florida Statutes: September 13, 2026
Current provision effective: July 1, 2026
Warrantless Arrest Authority
Conditional authority—not a blanket exception for every charge on this page. PC means probable cause. Establish probable cause and the applicable facts; open the entry for complete requirements. Arrest authority alone does not authorize entry into a home.
Battery
Required facts
- Probable cause that the person committed battery under §784.03.
Limits & qualifications
- The exception is not limited to domestic battery; felony charge tracks have separate felony arrest authority.
Authority
Domestic violence / dating violence
Required facts
- Probable cause for domestic violence as defined in §741.28 OR dating violence under §784.046.
- Establish the qualifying conduct AND the relationship required by the applicable definition.
Limits & qualifications
- Establish the applicable relationship and qualifying conduct; ordinary non-domestic assault is not automatically covered.
- Victim consent is not required; the statute discourages dual arrests.
Authority
Quick Summary
Battery generally involves intentional unwanted physical contact or intentionally causing bodily harm. A qualifying prior conviction—including resisting an officer with violence under the 2026 amendment—can make a second or subsequent battery a third-degree felony.
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.
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.
Elements of the Offense
Elements of the Offense
Elements marked AND are cumulative. Elements marked OR identify statutory alternatives; one applicable alternative must be established when that theory is charged. Conditional elements apply only to the identified statutory track.
- Element 1OR — Alternative
The State must prove one of the following statutory alternatives
The defendant actually and intentionally touched or struck the victim against the victim's will.
Plain language: The defendant intentionally made unwanted physical contact with the victim.
- Element 2OR — Alternative
The State must prove one of the following statutory alternatives
The defendant intentionally caused bodily harm to the victim.
Plain language: The defendant intentionally caused bodily harm.
Qualifying Domestic Relationship
Qualifying Domestic Relationship
Family or household member
Under F.S. § 741.28(3), the relationship qualifies when the people are:
- Spouses or former spouses;
- Related by blood or marriage;
- Currently living together as a family;
- People who previously lived together as a family; or
- Parents of a child in common, whether or not they were married.
Shared-dwelling requirement
Except for parents of a child in common, the parties must currently live together, or must have lived together in the past, in the same single dwelling unit. A dating relationship by itself is not a family-or-household relationship under F.S. § 741.28.
Domestic-violence designation
F.S. § 741.28(2) requires both a qualifying family-or-household relationship and a listed offense—or another criminal offense resulting in physical injury or death—committed by one qualifying member against the other.
Jury Instructions
Jury Instructions
Instruction 8.3
Battery
Florida Standard Jury Instruction for F.S. § 784.03.
View Official InstructionVerified against the official instruction source: September 13, 2026
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.