Crimes for Battery in Pinellas County
Under Florida law, a person commits battery, a first-degree misdemeanor, when the person:
- actually and intentionally touches or strikes another person against the will of the other; or
- intentionally causes bodily harm to another person.
Most people are surprised to learn that any intentional touching, no matter how slight, might be sufficient to constitute a simple battery. For this reason, the force used in the commission of a battery need not be enough to cause injury because only nominal contact is required.
If the battery occurs between two people who are related by blood or marriage, then the crime might be classified as “domestic violence.” Crimes involving battery are treated seriously in Pinellas County, FL.
Battery is generally classified as a first degree misdemeanor, but if an individual has a prior conviction for battery, aggravated battery, or felony battery and commits any second or subsequent battery offense, they can be charged with a third degree felony.
Attorney for Battery Crimes in Pinellas County, FL
After an arrest for a crime of violence in Pinellas County, FL, contact an experienced criminal defense attorney at Sammis Law Firm. We represent clients on a variety of battery charges, including simple battery, domestic battery, and felony battery charges.
We understand defenses after accusations that you made a physical attack or threat of violence against another person.
We can help you assert the best defense, including self-defense, defense of others, or defense of property. Read more about the investigation and prosecution of domestic battery crimes in Pinellas County, FL.
Visit our office at 14010 Roosevelt Blvd, Suite 701, Clearwater, FL 33762-3820 which is near the Criminal Justice Center (CJC) courthouse.
Call 727-210-7004.
Elements of Battery under Section 784.03
Under Section 784.03, the crime of battery has the following two elements, which must be proven at trial beyond a reasonable doubt:
- Actually and intentionally touches or strikes another person against the will of the other; or
- Intentionally causes bodily harm to another person.
Under Section 784.045, F.S., the crime of aggravated battery requires proof of an additional element – that the defendant intentionally or knowingly:
- caused great bodily harm, permanent disability, or permanent disfigurement; or
- used a deadly weapon.
The intent required for battery under Florida law is established when a defendant either purposefully touches or strikes another person or engages in conduct knowing that such contact is substantially certain to occur.
The courts in Florida have clarified that this intent may be inferred from the circumstances surrounding the act rather than requiring direct evidence of purpose.
In Clark v. State, 783 So. 2d 967 (Fla. 2001), the court held that battery may occur through the intentional touching or striking of an object so intimately connected to the person that it is regarded as an extension of the person. For example, that kind of contact can occur if the accused person grabs another person’s shirt or knocks their hat off their head.
In Fey v. State, 125 So. 3d 828 (Fla. 4th DCA 2013), the court expanded the definition of intentional touching or striking to include situations where the accused knows that contact is “substantially certain” to result from their actions.
In S.D. v. State, 882 So.2d 447 (Fla. 4th DCA 2004), the reasoned that the intent to commit battery must be determined by circumstances surrounding the touching or striking of the alleged victim.
Penalties for Battery Crimes in Pinellas County, FL
Most battery offenses are charged as a first degree misdemeanor is punishable by up to a year in county jail and a fine not exceeding $1,000.
If a person has a prior conviction for battery, aggravated battery, or felony battery and is then accused of any second or subsequent battery, the crime can be charged as a third degree felony which is punishable by up to five years in Florida State Prison.
Other forms of battery charged as a felony include:
- battery on a person 65 years or older;
- domestic battery by strangulation;
- battery on a pregnant female;
- a battery in furtherance of a riot or aggravated riot;
- a battery on specified persons engaged in the lawful performance of duties, such as a law enforcement officer.
Related crimes include assault and aggravated assault.
List of Assault and Battery Crimes Prosecuted in Pinellas County, FL
The following assault and battery crimes are prosecuted in Pinellas County, FL:
- Aggravated Assault: An assault committed with a deadly weapon without an intent to kill, or an assault committed with the intent to carry out another felony (Florida Statutes § 784.021).
- Aggravated Battery: A battery where the offender intentionally causes great bodily harm or uses a deadly weapon [1.11]. The crime is enhanced if the offender knew or should have known the victim was pregnant (Florida Statutes § 784.045).
- Felony Battery: Intentionally striking someone against their will and causing great bodily harm, permanent disability, or permanent disfigurement [1.9]. This category includes Domestic Battery by Strangulation (Florida Statutes § 784.041).
- Battery on Specified Officials/Persons: Committing battery against individuals in protected classes, such as law enforcement officers, firefighters, EMTs, persons 65 years or older, or public officials, carries enhanced penalties (Florida Statutes §§ 784.07, 784.08).
- Aggravated Stalking: Repeatedly and maliciously following, harassing, or cyberstalking another person while making a credible threat [1.14]. This also includes stalking someone in violation of a court-ordered injunction (Florida Statutes § 784.048).
This article was last updated on Thursday, January 15, 2026.
