Simple Battery in Florida (Definition, Penalties & Defenses)

David Weisselberger | November 6, 2023

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In Florida, understanding the nuances of criminal charges is essential, especially concerning offenses like battery. Simple battery, defined under Florida Statute 784.03, is a prevalent misdemeanor crime. 

This article explores simple misdemeanor battery Florida, how it differs from aggravated battery, the penalties for such charges, potential defenses, and the possibility of expungement. We'll also explore the intriguing question of whether one can sue for battery in the Sunshine State.

What Is A Simple Battery in Florida?

what is a simple battery in florida

Simple Battery in Florida refers to a specific type of misdemeanor crime. The offense also known as Misdemeanor Battery is legally defined in Section 784.03 of the Florida Statutes

It involves intentionally touching or striking another person against their will. Also, it involves the deliberate infliction of bodily harm upon another person. This offense does not entail severe bodily harm or the use of deadly weapons, which distinguishes it from aggravated battery.

What Is the Difference Between Simple Battery and Aggravated Battery in Florida?

It's crucial to differentiate simple batteries from aggravated batteries. While simple battery typically involves minor physical contact, aggravated battery encompasses more severe forms of assault, often leading to significant injuries or the use of deadly weapons. Distinguishing between simple battery and aggravated battery significantly impacts the gravity of the charges and the resultant penalties.

What are Penalties for Battery in Florida?

Simple battery in Florida is classified as a first-degree misdemeanor. A conviction for simple battery can result in the following penalties:

Jail Time

A person convicted of simple battery may face up to one year in county jail. The sentence's actual duration depends on the offense's severity, any aggravating factors, and the defendant's prior criminal record. 


The court may impose fines of up to $1,000 for a simple battery conviction. The exact amount can vary, and judges consider factors like the circumstances of the offense and the defendant's ability to pay when determining the fine.


Occasionally, a defendant may receive probation as an alternative or in addition to serving time in jail. Probation typically involves reporting to a probation officer on specific conditions, including mandatory anger management or counseling programs.

Community Service

As part of the sentence, the court may require the defendant to perform several community service hours. These hours can be completed at nonprofit organizations or community service centers.

What Are Defenses to Battery?

Facing a battery charge in Florida can be a distressing experience, but it's important to remember that several legal defenses are available to those accused. These defenses aim to establish reasonable doubt about the defendant's guilt or to mitigate the charges. Here are some common defenses to battery in the Sunshine State:


Self-defense can be a valid defense if the defendant had a reasonable belief that they faced imminent bodily harm and used force to protect themselves. The force used must be necessary and proportionate to the perceived threat.

Defense of Others

Similar to self-defense, a person may use force to protect someone else in immediate danger. This defense requires demonstrating that the defendant reasonably believed the other person was at risk and that force was necessary.


Consent from the alleged victim can constitute a robust defense against the charges; this can serve as a strong defense. Proving consent may be complex and require substantial evidence.

Lack of Intent

Battery convictions necessitate that the defendant acted with intent, knowledge, or recklessness. Proving that the contact was accidental and not intentional can be a valid defense.


Providing a credible alibi with supporting evidence can show that the defendant was not present at the scene of the alleged battery during the incident.

Insufficient Evidence

Challenging the prosecution's case by demonstrating insufficient evidence can involve highlighting inconsistencies in witness statements or questioning the alleged victim's credibility.

Stand Your Ground Law

Florida's Stand Your Ground law enables individuals to use deadly force, in self-defense or defense of others. This law's specific conditions and limitations need to be considered in potential defenses.

Expunging Your Misdemeanor Battery with Erase The Case

Expunging your misdemeanor battery is a process that requires careful consideration and legal guidance. Contract Erase the Case today and get the expert assistance and support throughout this endeavor. Their proficiency in navigating the intricate legal system can simplify and enhance the feasibility of the expungement process.


How Long Do You Go to Jail for Simple Battery in Florida?

Simple battery convictions in Florida can lead to jail time, but the specific duration varies. While the maximum penalty is one year, several factors influence the length of the sentence. 

How Serious is a Battery Charge in Florida?

The seriousness of a battery charge in Florida cannot be underestimated. It goes beyond the immediate legal consequences, potentially impacting a person's future in terms of employment, housing, and social relationships. 

Can a Simple Battery Charge be Expunged in Florida?

For those who have faced a simple battery charge in Florida, the prospect of expungement is a ray of hope. Expunging one's criminal record involves the removal of all records related to the charge. However, eligibility for expungement depends on various factors. 

Can You Sue for Battery in Florida?

In Florida, it is indeed possible to sue for battery. A civil lawsuit for battery allows victims to pursue compensation for their injuries, emotional distress, medical bills, and other damages. When considering such action, consulting an attorney experienced in personal injury law is crucial.

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David Weisselberger
Author | Founder
"David Weisselberger is the founder of Erase The Case. He completed his Bachelor of Arts at the University of Florida, & also his Juris Doctor from UM School of Law. Afterwards, He has been working as a former Miami-Dade County Assistant Public Defender. Also, as a solo lawyer and former associate at South Florida’s honored Saban & Solomon Law Firm. He has learned firsthand the effects people face from having a public criminal arrest record mark their lives. Therefore, David has always been working hard to help people get rid of haunting crimnal past and have a second chance in life"

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