Skip to Content

Available 24/7. Call for a Free Consultation: 305-735-4165

Misdemeanor Defense: Battery 

Suppose you have been charged with simple battery. In that case, it is critical that you obtain an experienced criminal defense attorney to represent you, as various defenses may be available to you.  A battery charge carries serious penalties, including mandatory jail in some cases.  And a simple battery charge can be enhanced to a felony, if you have one or more prior battery convictions.  Protect your livelihood, reputation, and freedom, and contact Donald C. Barrett, Attorney at Law. Mr. Barrett is an aggressive litigator that provides his clients with a thorough and effective defense to minimize the impact of criminal charges. 

Battery Defined

Battery, as defined by Florida Statute Ann §784.03, occurs when a person:

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

Penalties for Simple Battery

Simple battery is a first-degree misdemeanor, which means it is punishable by up to one year in jail. A simple battery conviction may also include a fine of $1,000, up to twelve months probation and court costs. Several factors are considered when deciding exactly what penalties will be sought in a particular case. They include:

  • The prior record of the person charged
  • The extent of the injuries received by the victim
  • The strength and amount of evidence against the defendant

Defenses to Battery 

There are a myriad of defenses to simple battery and they vary widely depending on the circumstances. Listed below are some of the most common defenses. 


The ability of the prosecution to prove intent is crucial for them to obtain a conviction for simple battery. In other words, the touching of the victim could have been accidental or unintentional. The defendant must have intentionally caused the touching that serves as the basis for the claim of simple battery.


It is also essential that there was no consent to obtain a conviction for simple battery. If the alleged victim consented to the defendant touching them, they could not later claim that the touch was battery.  

Defense of Self or Others

According to Florida Statute Ann §776.012, there are circumstances where it is lawful to use force to protect oneself or others. When a person “believes that such conduct is necessary to defend himself or another against the others imminent use of unlawful force,” then they are “justified in using or threatening to use force.”

Florida’s Stand Your Ground Law

Another defense to simple battery can be found in Florida’s stand your ground law. This law, under certain circumstances, negates a person’s duty to retreat before using force when they are reasonably threatened with death or bodily injury. 

Defend Yourself Against a Charge of Simple Battery

There are many defenses to simple battery. If you feel you have been wrongfully charged, consult with an experienced attorney about your options. Speak with the astute team of legal professionals at Donald C. Barrett, Attorney at Law, and find out how they can assist you in your defense. The initial consultation is free, and the advice you receive may be invaluable.