Robin Fuson

Defending Against Charges of Battery In Florida

Criminal Defense

Misdemeanor battery, also known as simple battery, is the crime of striking or touching another person against their will. Simple battery is different from an assault charge because rather than threatening the victim, the accused makes physical contact with them. Assault is the threat of physical harm without contact. Due to the seriousness of the crime of battery, the sentencing is often severe. Simple battery is punishable with up to 1-year in jail, 1-year probation, and up to a $1,000 fine.

When the battery involves the use of a weapon, the charge becomes aggravated battery, and the punishment is much harsher. While a gun, knife, ax, or bat is typically considered a dangerous weapon, even ordinary items can become weapons in battery crimes. The courts often include non-conventional items as weapons when they are used to hit or strike a victim intentionally. An ice pick, screwdriver, or heavy pan are considered dangerous weapons if they are used during an attack. Sentences range from mandatory jail time to 15 years in prison for some grades of felony battery, and fines can be as much as $10,000. Your record cannot be expunged. Therefore, the conviction will always be tied to you.


As you can see, battery is a serious charge. The skills of a qualified assault and battery attorney cannot be undervalued. Florida has specific rules and laws that must be followed in the legal process, and there is little room for error.

In order to successfully convict someone of aggravated battery in Florida, the prosecution must prove the following:

  • The accused intentionally touched or struck the victim against their will or intentionally caused physical harm or injury to them.
  • The accused in committing the battery knowingly caused great bodily harm, disfigurement, or permanent disability to the victim.
  • The accused used a deadly weapon.

The state of Florida has many types of battery charges. They include:

  • Misdemeanor Battery
  • Domestic Battery by Strangulation
  • Domestic Violence Battery
  • Felony Battery
  • Aggravated Battery.
  • Aggravated Battery on a Pregnant Person

Battery is a highly defendable charge. If the accused can show they were defending themselves or another person from great bodily harm, or that they were protecting their property, the charges can be reduced or thrown out. Other considerations include:

  • Florida’s “Stand Your Ground” law.
  • Having no intent to strike the victim or to cause bodily harm or disfigurement.
  • The item used as a weapon does not meet the legal definition of a deadly weapon.
  • There was consent or mutual combat.
  • You did not know the victim was pregnant.

A conviction for battery will follow you for the rest of your life. It can destroy families, careers, and even prevent you from enjoying life after completing your punishment. If you have been accused of any grade of battery, contact an assault and battery attorney today. Your immediate and long-term future is at risk.

Robin Fuson
By Robin Fuson