Battery in Florida: Simple, Felony, and Aggravated Battery Explained

What battery means

Section 784.03, Florida Statutes, says a person commits battery by doing either of two things:

• actually and intentionally touching or striking another person against that person’s will; or
• intentionally causing bodily harm to another person.

The first form needs no injury. What makes the contact a crime is that it was intentional and unwanted, so accidental contact is not battery. Our summary of section 784.03 sets out the text.

Assault and battery levels at a glance

Offense	Statute	Level	General maximum
Assault	s. 784.011	Second-degree misdemeanor	60 days in jail, $500 fine
Battery	s. 784.03(1)	First-degree misdemeanor	1 year in jail, $1,000 fine
Aggravated assault	s. 784.021	Third-degree felony	5 years in prison, $5,000 fine
Battery with a qualifying prior conviction	s. 784.03(2)	Third-degree felony	5 years in prison, $5,000 fine
Battery by strangulation	ss. 784.031 and 784.041(2)	Third-degree felony	5 years in prison, $5,000 fine
Felony battery	s. 784.041(1)	Third-degree felony	5 years in prison, $5,000 fine
Aggravated battery	s. 784.045	Second-degree felony	15 years in prison, $10,000 fine

The maximums come from sections 775.082 and 775.083. They are ceilings, not predictions, and other laws can raise the minimum sentence, for example when a firearm is involved. See the offense level reference.

When a battery becomes a felony

A prior conviction

Under section 784.03(2), a person who has one prior conviction for battery, aggravated battery, or felony battery and commits any new battery commits a third-degree felony. A 2026 amendment (CS/CS/SB 436), in effect since July 1, 2026, added a prior conviction for resisting an officer with violence to that list. An earlier case counts as a conviction even if adjudication was withheld or the plea was no contest.

Great bodily harm

Section 784.041, Florida Statutes, defines felony battery as intentionally touching or striking another person against their will and causing great bodily harm, permanent disability, or permanent disfigurement. It is a third-degree felony.

Strangulation

Two sections make it a third-degree felony to knowingly and intentionally impede another person’s normal breathing or blood circulation, against their will, by applying pressure to the throat or neck or by blocking the nose or mouth, so as to create a risk of or cause great bodily harm. Section 784.031, Florida Statutes, applies to any person. Section 784.041(2), domestic battery by strangulation, applies when the other person is a family or household member or someone the defendant is dating.

Aggravated battery

Under section 784.045, Florida Statutes, a battery is aggravated when the person intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement, or uses a deadly weapon. It is also aggravated battery if the victim was pregnant and the person knew or should have known it. Aggravated battery is a second-degree felony, punishable by up to 15 years in prison and a $10,000 fine. See our summary of section 784.045.

The difference from felony battery is the state of mind the State must prove. Felony battery requires an intentional touch that results in serious harm. Aggravated battery requires that the serious harm itself was caused intentionally or knowingly, or that a deadly weapon was used.

How assault differs

Section 784.011, Florida Statutes, defines assault as an intentional, unlawful threat by word or act to do violence to another person, coupled with an apparent ability to carry it out, together with an act that creates a well-founded fear in the other person that violence is imminent. No contact is needed. Assault is a second-degree misdemeanor. Aggravated assault (section 784.021, Florida Statutes) is an assault with a deadly weapon without intent to kill, or with an intent to commit a felony, and is a third-degree felony. Our summary of section 784.011 has more.

When the other person’s status changes the charge

• Officers and emergency workers. Under section 784.07, Florida Statutes, knowingly committing an assault or battery on a law enforcement officer, firefighter, emergency medical care provider, or other listed person who is performing their duties raises the offense one level, so that battery becomes a third-degree felony. The section sets minimum prison terms of three years for aggravated assault and five years for aggravated battery on a law enforcement officer.
• People 65 or older. Under section 784.08, Florida Statutes, battery on a person 65 or older is a third-degree felony whether or not the defendant knew the person’s age, and aggravated assault or aggravated battery carries a three-year minimum.
• Family or household members. The domestic violence rules apply, including minimum jail terms and a 2026 law on prior convictions. See domestic violence charges in Florida.

Self-defense

Section 776.012, Florida Statutes, provides that a person is justified in using or threatening force, other than deadly force, when and to the extent they reasonably believe it is necessary to defend themselves or another person against the imminent use of unlawful force. Deadly force is governed by stricter rules. Whether the law applies to a particular incident depends on the facts and is decided in court.

What happens next

1. Arrest. Battery is one of the misdemeanors for which section 901.15, Florida Statutes, allows an arrest without a warrant on probable cause, even if the officer did not see it happen.
2. First appearance and release. A person who is arrested and not released sees a judge within 24 hours, and no contact with the alleged victim is a condition of release unless the court changes it. See what happens at first appearance in Florida.
3. The charge. The State Attorney decides whether to file a charge and at what level. That decision belongs to the prosecutor, not to the person who made the complaint.
4. Court. Misdemeanor battery is heard in county court and the felony forms in circuit court. See misdemeanors in Florida and felony charges in Florida.

The record. Under section 943.0584, felony battery, domestic battery by strangulation, aggravated battery, aggravated assault, and any assault or battery between family or household members cannot be sealed or expunged after a plea of guilty or no contest or a finding of guilt, even if adjudication was withheld.

Common questions

Is battery a misdemeanor or a felony in Florida?

A first battery with no serious injury and no weapon is a first-degree misdemeanor. It is a felony with a qualifying prior conviction, with great bodily harm, with strangulation, with a deadly weapon, or when the other person is in one of the protected groups described above.

Can you be charged with battery if no one was hurt?

Yes. Intentionally touching or striking someone against their will is battery under section 784.03 whether or not it causes an injury.

Does an old case with a withhold of adjudication count as a prior?

Yes. Section 784.03 defines a conviction to include a plea of guilty or no contest regardless of whether adjudication was withheld.

When to speak with an attorney

The level of a battery charge depends on the degree of injury, what the person intended, any earlier cases, and who the other person was, and each of those changes the possible sentence. A licensed Florida attorney can explain what the State would have to prove, and a person who cannot afford one can ask for the public defender. See how to prepare for an attorney consultation and the Assault & Battery topic page.