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Battery

In the state of Florida, a battery charge can occur simply by touching another individual if that touching is considered "offensive." The most common types of offensive touchings include hitting, pushing, striking, punching, slapping, or kicking another person.

A conviction of battery can have serious repercussions for an alleged offender. The penalties range from a misdemeanor of the first degree to a felony of the third degree under certain conditions. If you have been arrested for battery, do not wait any longer to seek the legal counsel of an experienced criminal defense lawyer.

Gainesville Battery Defense Lawyer

If you have been charged with a battery offense, contact the Galigani Law Firm. Gainesville violent crime defense attorney Dean Galigani is experienced in defending individuals who are facing battery charges throughout the state of Florida. Get in touch with him to learn your legal options and start a defense plan to tackle your charges.

Contact the Galigani Law Firm today at (352) 375-0812 for a free consultation regarding your alleged battery offense in Gainesville, Lake City, and Ocala.


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Information Center


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Definition of Battery in Florida

The offense of battery can occur when an individual actually and intentionally touches another person against their will and causes bodily harm, as stated in Fla. Stat. § 784.03.

Bodily harm usually means any damage to a person’s physical condition that causes pain or illness.


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Definition of Felony Battery in Florida

Florida's laws concerning "Felony Battery" under Florida Statute § 784.041 require a showing that the Defendant actually touched or struck the victim against his or her will, in an intentional manner, and the touching caused the alleged victim to suffer from a personal injury such as permanent disability, great bodily harm, or permanent disfigurement.

A felony conviction can affect an individual for the rest of their lives such as being required to register as a convicted felon, loss of voting rights, and restriction from enlisting in the military or owning a firearm.


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Definition of Domestic Battery by Strangulation in Florida

Domestic battery by strangulation can occur when an individual knowingly and intentionally strangles another person who is a family member. Usually, the accused and the alleged victim are living together. Domestic battery by strangulation can also occur between two individuals who are in a dating relationship under Fla. Stat. § 784.041.


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Penalties of Battery in Florida

If an individual is convicted of battery, they can be convicted of a misdemeanor of the first degree, which is punishable by up to one year in jail and/or a fine of up to $1,000 or probation. A second or subsequent battery offense can result in a conviction of a felony of the third degree, according to Fla. Stat. §§. 775.082 - .083.

If an individual is charged with felony battery, they can be convicted of a felony of the third degree, which is punishable by up to five years in prison and/or a fine of up to $5,000, as stated in Fla. Stat. §§ 775.082 - .083.

A charge of domestic battery by strangulation can result in a felony of the third-degree conviction, which is punishable by up to five years in prison and/or a fine up to $5,000, consistent with Fla. Stat. §§ 775.082 - .083.


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Increased Offense Classification for Certain Battery Charges

Under Fla. Stat. §§ 784.07, .076, .078, .08, .081, .082, .083, and .085 an individual who commits battery against certain persons can receive an increased charge, from a misdemeanor of the first degree to a felony of the third degree. These individuals can include, but are not limited to:

  • Law enforcement officers,
  • Firefighters,
  • Parole officers,
  • Probation officers,
  • Paramedics,
  • Public transit employees,
  • School officials,
  • Sports officials,
  • Elected officials,
  • Health service personnel,
  • Code inspectors, and/or
  • Persons 65 or older.

Additionally, battery against a child by the use of certain fluids or materials and battery of a facility employee by the use of certain fluids or materials can result in increased battery charges from a misdemeanor of the first degree to a felony of the third degree.


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Penalties of a Convicted Felon in Florida

As a convicted felon in the state of Florida, an individual may be required to register with the sheriff of the county they reside in and be photographed and fingerprinted as stated in Fla. Stat. § 775.13. Additionally, a convicted felon in the United States can be restricted from voting, enlisting in the military, owning or possessing a firearm, or holding public office.


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Additional Resources

Florida Statutes: Battery - Access the official website for the Florida Statutes to view state laws regarding battery. You can read what elements constitute the offense and its corresponding penalties.

FL Health Charts: Violent Crime - Click the link to access information regarding violent crime. You can view rates per 100,000 and in specific areas such as Alachua County, FL.


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Gainesville Battery Defense Lawyer | Alachua County, FL

If you have been arrested for battery in Florida, contact the Galigani Law Firm today. Criminal defense attorney Dean Galigani is knowledgeable in all areas of Florida law and will fight to help you avoid tough fines and penalties. He has been practicing criminal defense for years and has the knowledge needed to fight any type of battery charge no matter the circumstances.

Contact the Galigani Law Firm today at (352) 375-0812 or send an online message for a free consultation regarding your battery offense charges in Alachua County, Marion County, Levy County, Baker County, Bradford County, and Union County.


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