The Crime of Battery under Section 784.03

Under Section 784.03, F.S., the crime of battery occurs when the defendant:

• actually and intentionally touches or strikes another person against the will of the other; or
• intentionally causes bodily harm to another person.

In Florida, the crime of battery is generally classified as a first degree misdemeanor punishable by up to twelve (12) months and a $1,000 fine. The term “simple battery” typically refers to the first degree misdemeanor version of the offense.

To prove intent for the battery, the prosecutor must show that the defendant either:

• purposefully touches or strikes another person; or
• engages in conduct knowing that such contact is substantially certain to occur.

Attorney for Battery Crimes in Tampa, FL

If you were charged with the crime of battery, then contact an experienced criminal defense attorney at Sammis Law Firm. We help clients accused of crimes of violence throughout the Tampa Bay area including Hillsborough County, FL.

We understand the best defenses to fight the charge, including self defense, defense of others, or defense of property. We can move to dismiss the charges when the prosecutor has inadequate evidence of an “intent” to commit battery.

Call 813-250-0500.

What Intent is Required to Prove “Battery”

The courts have found that 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, such as clothing or items held in hand.

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 defendant 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 court emphasized that intent to commit battery must be determined by circumstances surrounding the touching or striking of the victim.

The Florida Bar’s Florida Standard Criminal Jury Instructions for Battery, found in Florida Standard Jury Instruction 8.3, provides an instruction that to prove the crime of battery, the State must prove the following beyond a reasonable doubt that:

• the Defendant actually and intentionally touched or struck the victim against his or her will; or
• the Defendant intentionally caused bodily harm to the victim.

When is Consent a Defense to Simply Battery in Florida?

Is consent a defense to battery charged under Section 784.03, when the allegations involve:

• actually and intentionally touching another person without the consent of that person (§ 784.03(1)(a)1); or
• intentionally causing harm to another person (§ 784.03(1)(a)2).

In Lyons v. State, 437 So. 2d 711, 712 (Fla. 1st DCA 1983), the court concluded:

“Whether or not the victims of crimes [of domestic violence] have so little regard for their own safety as to request injury, the public has a stronger and overriding interest in prohibiting and preventing such acts as this.”

Lyons, 437 So. 2d at 712 (quoting State v. Fransua, 510 P.2d 106 (N.M. 1973)). See also Fla. Stat. § 741.2901(2) (“It is the intent of the Legislature that domestic violence be treated as a criminal act rather than a private matter”).

If the “offense in question involve[s] a breach of the public peace as well as an invasion of the victim’s physical security, the victim’s consent would not be recognized as a defense.” W. E. Shipley, Consent as Defense to Charge of Criminal Assault and Battery, 58 A.L.R. 3d 662 § 2(a) (1974).

Read more about the crime of battery under Section 784.03 in Florida.

Penalties for Battery with a Prior Battery Conviction

Although a first offense of battery is charged as a first degree misdemeanor, the penalties are more sevThe defendant can be charged with a third degree felony if they are accused of any second or subsequent battery offense and have a prior conviction for:

• battery;
• aggravated battery; or
• felony battery.

Under Section 784.03(2), F.S., when the battery is charged as a third degree felony because of the prior record, the offense is punishable by up to five (5) years in prison and a $5,000 fine.

The penalties are also more severe under Section 784.03(3), when a “person who commits a battery in furtherance of a riot or an aggravated riot prohibited under s. 870.01,” which can also be charges as a third degree felony.

This article was last published on Monday, March 23, 2026.