Fla. Stat. § 784.03
Battery in Florida
Battery in Florida requires no injury — an unwanted touch is enough. And a second battery conviction becomes a felony. Here is how the statute works.
Attorney-Reviewed Statute Resource
Reviewed by Jeff T. Gorman, Criminal Defense Attorney & Former 19th Circuit Prosecutor (Fla. Bar #538183).
Last reviewed: June 2026
What Counts as Battery
Under § 784.03, battery is committed by intentionally touching or striking someone against their will, or intentionally causing bodily harm. Notably, no injury is required — even a shove or an unwanted touch can qualify.
The Governing Statute
Fla. Stat. § 784.03 — Battery
"The offense of battery 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."
Read the full statute on Online Sunshine →
A first battery is a first-degree misdemeanor. But a second battery conviction is elevated to a third-degree felony, even if the second incident itself was minor.
The Actual Penalties
Battery — Statutory Penalties
First offense (first-degree misdemeanor): up to 1 year in jail, up to $1,000 fine.
Second or subsequent offense (third-degree felony): up to 5 years in prison, up to $5,000 fine.
Aggravated battery and battery on protected persons carry substantially higher penalties.
Second or subsequent offense (third-degree felony): up to 5 years in prison, up to $5,000 fine.
Aggravated battery and battery on protected persons carry substantially higher penalties.
What a Defense Attorney Looks For
- Self-defense or defense of others — among the most common and effective defenses.
- Consent — e.g., mutual combat or contact sports.
- Intent. The touch must be intentional, not accidental.
- Credibility of the accuser, especially where there are no injuries or independent witnesses.
Frequently Asked Questions
Do you have to injure someone to be charged with battery in Florida?
No. Under § 784.03, battery is any intentional touching or striking against the person’s will — no injury is required. Causing bodily harm is one way to commit battery, but not the only way.
Is battery a felony in Florida?
A first battery is a first-degree misdemeanor. A second battery conviction is a third-degree felony. Aggravated battery is always a felony.
Can a battery charge be dropped if the victim doesn’t want to press charges?
Not automatically. In Florida the State — not the victim — decides whether to prosecute. A victim’s wishes are considered but are not controlling, especially in domestic cases.
Charged Under This Statute?
A statute on a page is not the same as your case. Talk to an attorney who has handled these charges — free, confidential.
This page summarizes Fla. Stat. § 784.03 for general informational purposes and is not legal advice. Statutes change; while this page is reviewed by a licensed Florida attorney, always verify the current text on the official Online Sunshine source or consult an attorney about your specific situation. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.