What Is the Penalty for Battery in Florida?
July 23, 2025
Battery is a serious criminal offense in Florida that can result in severe legal consequences, including jail time, fines, and a permanent criminal record. If you're facing a battery charge, it's crucial to understand how the law defines battery, the potential penalties, and what you can do to protect your rights. Battery charges can range from misdemeanors to life felonies depending on the facts of the case. Simple battery is the least serious charge where the punishment cannot exceed 364 days in the county jail. Burglary with an assault and/or battery is a life felony, which is punishable with up to life in prison.
At Donet, McMillan & Trontz, P.A., our experienced criminal defense attorneys have handled countless battery cases throughout Florida. We're here to provide the guidance and strong defense you need during this challenging time.
What is Battery Under Florida Law?
Under Florida Statutes § 784.03, battery is defined as:
- Actually and intentionally touching or striking another person against their will, or
- Intentionally causing bodily harm to another person.
Battery charges can vary depending on the severity of the alleged offense and whether there are aggravating factors involved.
1. Simple Battery (Misdemeanor Battery)
- Level: First-degree misdemeanor
- Penalties: Up to 1 year in jail, 1 year of probation, and a $1,000 fine.
- Consequences: A conviction creates a permanent criminal record, which can affect employment, housing, and other opportunities.
2. Felony Battery
Felony battery occurs when someone causes great bodily harm, permanent disability, or permanent disfigurement to the victim.
- Level: Third-degree felony
- Penalties: Up to 5 years in prison, 5 years of probation, and a $5,000 fine.
3. Aggravated Battery
Aggravated battery involves either:
- Using a deadly weapon, or
- Battery against a pregnant victim.
- Battery against the elderly (over 65 years of age).
- Level: Second-degree felony
- Penalties: Up to 15 years in prison, 15 years of probation, and a $10,000 fine.
Other Consequences Beyond Jail Time
A battery conviction can have lasting repercussions beyond incarceration and fines, including:
✅ A permanent criminal record
✅ Loss of firearm rights for felony battery convictions
✅ Potential immigration consequences for non-citizens
✅ Damage to personal and professional reputation
Can a Battery Charge Be Dropped or Reduced?
In some cases, yes. A skilled defense attorney can identify possible defenses, such as:
- Self-defense or defense of others
- Consent of the alleged victim
- Lack of intent
- False allegations
At Donet, McMillan & Trontz, P.A., we carefully examine the facts of each case, review the evidence, and challenge any procedural errors or constitutional violations. Our goal is always to seek a dismissal, reduction of charges, or the best possible outcome.
How Our Attorneys Can Help
Facing a battery charge can be overwhelming, but you don't have to go through it alone. Donet, McMillan & Trontz, P.A. is dedicated to defending your rights and protecting your future.
Here's how we can help:
- Thorough case evaluation: We review all aspects of your case and identify the strongest defense strategies.
- Aggressive defense: We challenge the evidence, cross-examine witnesses, and negotiate with prosecutors on your behalf.
- Personalized guidance: We take the time to explain your options, so you're fully informed throughout the process.
- Relentless advocacy: We fight for you in and out of court, aiming to secure the best outcome possible.
Don't Wait – Protect Your Rights Today
If you or a loved one is facing a battery charge in Florida, it's critical to act quickly. Contact Donet, McMillan & Trontz, P.A. at
(305) 444-0030 to schedule a confidential consultation. Let our proven team of criminal defense attorneys provide the knowledgeable, compassionate, and vigorous defense you deserve.
