Depending on the circumstances of an alleged battery, the crime may be charged as simple battery, a first-degree misdemeanor, or as aggravated battery, a second-degree felony in Florida.

Battery / Simple Battery
The Florida Statutes, Title XLVI, Chapter 784, § 784.03 defines “battery” as when a person:
• Intentionally touches or strikes another person against the will of the other; or
• Intentionally causes bodily harm to another person

The Florida Supreme Court’s Standard Jury Instructions in Criminal Cases § 8.3 specify that either of the following elements must be proved beyond a reasonable doubt for a conviction of the crime of battery:
• Defendant intentionally touched or struck the victim against his or her will; or
• Defendant intentionally caused bodily harm to the victim

Aggravated Battery
Section 784.045 of the Florida Statutes and the Florida Supreme Court’s Standard Jury Instructions in Criminal Cases § 8.4 define aggravated battery as:
• Battery committed while using a deadly weapon; or
• The person who allegedly committed the battery intentionally or knowingly caused great bodily
harm, permanent disability or permanent disfigurement

A deadly weapon is defined as a weapon that is used or threatened to be used in a way likely to produce
death or great bodily harm.

Other types of battery charges include:
– Domestic battery – a first-degree misdemeanor
– Domestic battery by strangulation – a third-degree felony
– Aggravated batteryon a pregnant female – a second-degree felony
– Battery on a law enforcement officer – a third-degree felony
– Aggravated battery on a law enforcement officer – a first-degree felony

A person who commits a second or subsequent battery after a prior conviction for battery, aggravated battery, or felony battery will be charged with a third-degree felony.

If you have been arrested for battery or assault in Miami, then you may want to call an experienced
criminal defense attorney for legal advice.