Battery

Battery: A simple Battery is the actual and intentional touching of another person against their will or intentionally causes bodily harm to the other person. A person who commits a Simple Battery commits a 1st degree Misdemeanor. Punishable up to 1 year in jail.

Further if a person commits an act consistent with Simple Battery and has 1 prior conviction for battery, aggravated battery or felony battery the person will be charged with a 3rd degree Felony. F.S. 784.03

Felony Battery: A person commits felony Battery if he or she actually and intentionally strikes another person against the will of that person and causes great bodily harm, permanent disability, or permanent disfigurement. Felony Battery is a 3rd Degree Felony. F.S. 784.041

Aggravated Battery: A person commits Aggravated Battery who in committing the Battery intentionally or knowingly caused great bodily harm, permanent disability, or permanent disfigurement or uses a Deadly Weapon. Aggravated Battery is a 2nd Degree Felony F.S. 784.045

Battery Defense Case Law Update:
  • Double Jeopardy Defense: Defendant cannot be convicted of both felony battery and domestic battery by strangulation under sec. 784.041(2) (a) for events occurring in a single incident. Harris v. State, __ So. 3d __, 38 F.L.W. D709 (1st DCA 3/28/2013)
  • Self-Defense: Evidence of Alleged Victims Past Violence towards Defendant: Defendant was charged with aggravated battery, and claimed self-defense. He claimed the victim attacked him first, and attempted to present evidence of specific incidents in the past where the victim was violent toward him. The court refused to admit the evidence. Held: Under § 90.404(1) (b), evidence of specific acts are admissible to show the victim’s propensity toward violence and the reasonableness of the defendant’s apprehension when defendant claims self-defense. The court errs in refusing to admit the evidence. Savage v. State, __ So. 3d __, 37 F.L.W. D2590 (1st DCA 11/7/2012)
  • Hearsay Evidence: Identity of the victim as alleged in the information is an essential element that the state must prove. Thus, the identity of the victim as alleged in the information is an essential element that the state must prove. Thus, where the alleged victim does not testify, and the only evidence of identity of the victim is an LEO’s hearsay statement of identification, the conviction is reversed. the case law regarding trial proof of the victim’s identity as alleged in the information.) Holborough v. State, ___ So. 3d ___, 37 F.L.W. D2735 (4th DCA 11/28/2012)

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