Battery is one of the most commonly charged crimes in Broward County — and one of the most commonly overcharged. A shove during an argument, a grab of someone’s arm, a scuffle outside a Las Olas bar: any unwanted touch can be charged as battery in Florida, and the difference between a misdemeanor and a felony often comes down to how a prosecutor chooses to read the facts.

At Bozanic Law, we’ve handled battery cases from every angle. Attorney Zeljka Bozanic is Board Certified in Criminal Trial Law — a distinction earned by fewer than 1% of Florida attorneys — and spent years prosecuting these exact cases in Miami-Dade before dedicating her 20-year career to defense. She knows which battery cases prosecutors doubt, which ones they can’t prove, and how to position your case for dismissal, reduction, or acquittal.

If you’ve been arrested for battery in Fort Lauderdale or anywhere in South Florida, don’t assume a “minor” charge will work itself out. No panic — call Bozanic.

Quick Reference: Battery in Florida

What Is Battery Under Florida Law?

Under F.S. 784.03, a person commits battery when they either:

1. Actually and intentionally touch or strike another person against that person’s will; or
2. Intentionally cause bodily harm to another person.

Notice what’s not required: injury. A touch is enough. No bruise, no mark, no medical record — a jury can convict on an unwanted poke to the chest if it believes the accuser. That low bar is exactly why so many battery arrests come out of he-said-she-said situations with no physical evidence at all — and why these cases can often be won.

Degrees of Battery in Florida: Misdemeanor to Major Felony

Simple Battery — First-Degree Misdemeanor

A first battery offense is a first-degree misdemeanor, punishable by up to 1 year in jail, 1 year of probation, and a $1,000 fine. When the alleged victim is a domestic partner or household member, the case is handled as domestic violence battery — with added consequences like no-contact orders, mandatory batterers’ intervention programs, and limits on sealing the record.

Battery With a Prior Conviction — Third-Degree Felony

If you have any prior conviction for battery, aggravated battery, or felony battery, a second or subsequent battery is charged as a third-degree felony — up to 5 years in prison. Under the statute, “conviction” includes pleas of guilty or no contest even where adjudication was withheld. A decades-old case you thought was behind you can turn a new misdemeanor into a felony.

Felony Battery — F.S. 784.041

Felony battery applies when a person commits a battery (without the “aggravated” elements) that causes great bodily harm, permanent disability, or permanent disfigurement. It is a third-degree felony carrying up to 5 years in prison. The same statute covers domestic battery by strangulation — impeding the breathing or blood circulation of a family or household member or dating partner — also a third-degree felony, and one prosecutors treat with particular severity.

Aggravated Battery — F.S. 784.045

Aggravated battery is a second-degree felony, punishable by up to 15 years in prison, when a person commits battery and:

• Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement;
• Uses a deadly weapon; or
• Batters a person the offender knew or should have known was pregnant.

When a firearm is involved, Florida’s 10-20-Life law (F.S. 775.087) can add mandatory minimum prison terms on top.

Penalties for Battery in Florida

Battery convictions also carry heavy collateral consequences: a violent-crime record visible to every employer, loss of firearm rights for felony and domestic violence convictions under both Florida and federal law, immigration consequences for non-citizens, and — in domestic cases — an inability to ever seal or expunge the record if adjudication is entered.

What the Prosecution Must Prove

For simple battery, the State must prove beyond a reasonable doubt that you intentionally touched or struck the alleged victim against their will, or intentionally caused them bodily harm. For the felony versions, prosecutors must additionally prove the aggravating facts — great bodily harm, use of a deadly weapon, the prior conviction, or the victim’s pregnancy and your knowledge of it.

Intent and consent are where these cases are won and lost. Accidental contact is not battery. Contact during mutually agreed physical horseplay or a mutual fight raises a consent defense. And “great bodily harm” is a genuinely contested legal standard — not every injury qualifies, and the difference determines whether you face 1 year or 15.

Defense Strategies for Battery Charges

Self-Defense and Defense of Others

Florida law — including the Stand Your Ground statute — authorizes the use of force to defend yourself or someone else from imminent unlawful force. Police arriving after a fight often arrest whoever looks less injured, not whoever started it. A Stand Your Ground immunity motion can end a case before trial.

Mutual Combat or Consent

When two people willingly engage in a physical confrontation, the consent defense comes into play. Bar fights and heated altercations between acquaintances frequently fit this pattern.

The Touching Was Accidental

Battery requires an intentional touch. Incidental or accidental contact in a crowd, during an argument, or while gesturing is not a crime.

False or Exaggerated Accusations

Battery allegations are a fixture of contentious divorces, custody battles, and breakups. We investigate the accuser’s motives, prior statements, and inconsistencies — and in domestic cases, we know how to use the absence of injuries, delayed reporting, and witness contradictions.

Challenging the Aggravating Elements

Even when some contact can’t be disputed, the felony enhancements often can be. Was the injury truly “great bodily harm”? Was the object really a “deadly weapon”? Does the prior conviction legally qualify? Winning these battles can reduce a prison-exposure felony to a probation-range misdemeanor.

Why Choose Bozanic Law?

• Board Certified in Criminal Trial Law — The Florida Bar’s highest recognition of trial expertise, held by fewer than 1% of Florida attorneys.
• Former Miami-Dade prosecutor — Zeljka Bozanic knows exactly how the State evaluates battery cases, because she used to make those decisions.
• 20 years of criminal courtroom experience across Broward, Miami-Dade, and Palm Beach counties.
• Thousands of cases handled, from misdemeanor domestic batteries to violent felony trials.
• Available 24/7 with offices in Fort Lauderdale, Miami, and West Palm Beach.

Frequently Asked Questions

Is battery a felony or a misdemeanor in Florida?

A first simple battery is a first-degree misdemeanor. It becomes a felony if you have a prior battery conviction, if the battery causes great bodily harm, involves strangulation of a domestic partner, involves a deadly weapon, or targets a pregnant victim. The same incident can often be charged multiple ways — which is why early intervention by a defense lawyer matters.

Can I be charged with battery if the other person wasn’t injured?

Yes. Injury is not an element of simple battery — any intentional, unwanted touching qualifies. But the lack of injury is powerful defense evidence, especially when the accuser claims a violent attack.

The alleged victim doesn’t want to press charges. Will my battery case be dropped?

Not necessarily. Only the State Attorney can drop charges, and Broward prosecutors routinely pursue domestic battery cases without the alleged victim’s cooperation. That said, a recanting or unwilling witness significantly weakens the State’s case, and we know how to leverage that reality.

What counts as “great bodily harm” for felony battery?

Florida courts require more than minor injuries — great bodily harm means significant injury beyond ordinary bruises, scrapes, and swelling that commonly accompany a scuffle. Whether an injury qualifies is a fact question juries decide, and it is one of the most fertile grounds for reducing felony battery to a misdemeanor.

Can a battery conviction be sealed or expunged in Florida?

If adjudication is withheld on a non-domestic battery, sealing may be possible. But an adjudication of guilt — and domestic violence battery cases in particular — can permanently foreclose sealing or expunction. Protecting your record starts with how the case is resolved now.

Arrested for Battery in Broward County?

The State charges battery cases fast and sorts out the facts later. Don’t let a rushed arrest turn into a lasting record. Contact Bozanic Law for a free, confidential consultation with a Board Certified criminal trial lawyer — available 24/7 in Fort Lauderdale, Miami, and West Palm Beach.