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 sufficient to cause injury. In fact, a battery might be committed with only nominal contact.
If the battery occurs between two people who are related, then the crime might be classified as “domestic violence.”
Crimes for battery are treated seriously in Pinellas County, FL.
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 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.
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 all 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.
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.
This article was last updated on Friday, February 4, 2022.