Simple Battery is a First Degree Misdemeanor punishable by any combination of 1 year in jail, 1 year of probation, or a fine up to $1,000.

Misdemeanor battery can be committed in one of two ways, either:
  • Intentionally touching or striking another person against their will; or
  • Intentionally causing bodily harm to another person.

As you can see, a battery can occur from something minor, such as grabbing another person's arm; or a battery could also occur by throwing something at a person.

Importantly though, when it comes to touching or striking a person, there is no requirement that the person be injured - the un-consensual contact is sufficient.

Defenses to Battery
Their are two primary defenses to battery; self-defense and consent.

Self Defense: Also known as the justified use of force, is a defense to the crime of battery so long as you use non-deadly force to defend yourself against another person's unlawful attack.

Consent: Since an element of battery is that the contact be un-consensual, consent to the contact is an obvious defense. Other examples where consent would be applicable are athletic events.

Mutual Combat: While not sanctioned as a legal defense, mutual combat is a theory that can be argued to a jury as a sub-category of the defense of consent.  Essentially, the theory goes, if two people mutually engage in a fight (usually a bar brawl) neither person should be able to complain of the ensuing contact.
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Copyright 2015.  James Turner Law Firm, LLC.  The Milton, Florida, office of The James Turner Law Firm, LLC, serves clients throughout Escambia and Santa Rosa Counties, including Pensacola, Bellview, Gonzalez, Century, Pace, Gulf Breeze, Milton, Cantonment, Molino, Perdido Key, Walnut Hill, Bagdad, Navarre, Fort Walton Beach and Pensacola Beach; counties including Santa Rosa County and Escambia County; as well as Eglin Air Force Base, Whiting Field and NAS Pensacola (Naval Air Station).
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