Battery (touching or striking required)
For the state of Florida to prove a battery, they have to prove beyond every reasonable doubt that you:
Actually and intentionally touched or struck somebody and it was against their will.
In Florida, the government does not have to prove the victim sustained any kind of injury for a battery. However, the government does have to prove more if you are charged with domestic battery, felony battery, battery on a law enforcement officer, aggravated battery, battery on a pregnant person, battery on a person 65 years of age or older.
Battery is an enhancement crime meaning the more you do it, the worse the penalties get. Usually, the government will charge felony battery if you have any prior battery convictions. This is so even if the new offense, in a light most favorable to the government, would only be a misdemeanor battery.
Valid defenses to battery include lack of intent to hit, self defense under Florida's stand your ground law, defense of others and defense of property.
What is the difference between battery and aggravated battery in Florida?
An aggravated battery is a battery with either (1) a deadly weapon or (2) the intention to cause great bodily harm, permanent disfigurement, or permanent disability. Defenses to aggravated battery include self-defense, defense of others and defense of property.
AGGRAVATED BATTERY – All charges dropped.
The allegation was that my client intentionally rammed his vehicle into another car. This was a road-rage incident. I convinced the State to file only misdemeanor charges. About three months later, all charges were dropped. No felony conviction for my client. In fact, not even a misdemeanor conviction. What made the difference in this case is that he hired me early enough to do the proper investigation to keep the problem from getting worse.
Battery on a person 65 years of age or older
If you commit a simple battery on a person 65 or older, the penalty is up to five years prison. If you are charged with an aggravated battery of a person 65 or older, the penalty is up to 30 years prison. There is a 3-year minimum mandatory prison sentence if you are convicted of aggravated assault or aggravated battery of a person 65 or older. Defenses to battery on a person 65 or older include self-defense, defense of others and defense of property.