Under Florida law, a Simple Battery, or Misdemeanor Battery, is any actual or intentional touching or striking of another person against that person’s will, or the intentional causing of bodily harm to another person.
In English, this can mean any sort of non-consensual touching, such as, but not limited to, touching someone on their backside, spitting in someone’s face, pushing someone, punching someone, kicking someone, or throwing an object at someone. There’s no requirement of an injury. Any non-consensual touching that is offensive to the ordinary person may be considered to be a misdemeanor battery.
There is also no requirement that the touching be person-to-person as opposed to an object being used. Touching or striking an item on or intimately connected with the victim’s body may be considered to be battery. So, if someone slaps a purse out of your hand, or spits on you, that can be considered battery.
In order to prove the crime, prosecutors must prove that the action was intentional and not by accident. Being pushed into someone else or losing your balance and falling on someone is not a battery. The act itself (not necessarily the outcome) must be intentional.
Mutual combat cannot be at play. If you and your friend are mad at each other and both go outside to rough each other up, you would each have the defense of mutual combat should the other attempt to have you prosecuted by the State.
The difference between a “simple” or “misdemeanor” battery as opposed to an aggravated battery is the lack of aggravating factors such as the use of a deadly weapon, the lack of serious bodily injury, or domestic violence. If any of these aggravators are present, your charge may be upgraded to an aggravated battery which is a felony, as opposed to a misdemeanor battery.
In Florida, a simple battery is considered to be a first degree misdemeanor, with penalties of up to one (1) year in jail or one (1) year of probation and a $1,000 fine.
A conviction for a simple Battery means you’ll have a permanent criminal record for what is considered a violent crime. Therefore, it is very important to avoid a conviction on the charge of Battery, or any charge for that matter. A conviction can be avoided by getting your case dismissed, receiving a withhold of adjudication, or being acquitted at trial.
Yes. Battery is often a highly defendable charge because of the absence of physical injuries and because of factual disputes as to how the alleged incident occurred. There are also issues regarding self-defense, standing your ground, false allegations by the alleged victim, the inability of the State to prove every element of the crime, accidental touching, lack of evidence or conflicts in the evidence, and other defenses. Because of these reasons, one should NEVER plea guilty to the charge without first consulting a qualified criminal defense attorney.
Contrary to popular belief, your charge will not be dismissed or disappear because you try to explain yourself to a Judge. That is simply not how it works. Anything you say in court will be recorded and used against you by the State’s prosecutors. All defenses must be presented according to the rules of Florida evidence and criminal procedure law. Therefore, retaining a qualified, organized, and prepared criminal defense attorney is extremely important to obtain a favorable resolution to your case and avoid extreme sanctions.
The right attorney can save you and your family from dealing with a number of very serious negative consequences.
Yes. Attorney Rahul Parikh has handled countless battery cases, many of which have ended in dismissals, acquittals, or very favorable outcomes.
Given the severe penalties for battery and the complex nature of using defenses to the charge, the importance of representation by an attorney cannot be overstated. If you have been accused of battery, contact Parikh Law, P.A. at 321-558-2704 for a free consultation and strategy session.