Battery Defense Lawyer in Orlando, Florida – Know Your Legal Options

Call 407.421.2043 or 239.333.8279 today to schedule a Free Consultation with battery criminal attorneys, Mr. Pedro Matos or Mr. Gilbert Arroyo.

If you’ve been arrested or charged with battery in Orlando, don’t panic—but don’t wait. Florida prosecutors aggressively pursue battery cases, even when the alleged victim wasn’t seriously injured. At The AM Lawyer, we build strong defenses for people accused of simple battery, felony battery, and domestic battery across Central Florida.

What Is Battery Under Florida Law?

Under Florida Statute § 784.03, battery occurs when someone:

• Intentionally touches or strikes another person against their will, or
• Intentionally causes bodily harm to another person.

Even a slight touch—if unwanted—can be enough for the State to file charges. You don’t need to cause a visible injury to be arrested for battery.

Prosecution's Burden of Proof

To convict someone of battery, the prosecution must prove beyond a reasonable doubt that:

• The defendant intentionally touched or struck the victim, and
• The touching was against the victim’s will, or it caused bodily harm

If the State cannot prove these elements with credible evidence, the jury must find the defendant not guilty.

Top Defenses to Battery Charges in Florida

1. Self-Defense (Justified Use of Force)

This is the most common and powerful defense. You are legally allowed to use reasonable force to protect yourself from harm.

• You reasonably believed force was necessary to protect yourself
• You used only as much force as needed to stop the threat

Florida’s Stand Your Ground law may also apply if you were in a place you had a legal right to be and didn’t provoke the confrontation.

2. Defense of Others

You may legally use force to protect someone else who was about to be harmed. This defense works like self-defense but applies to protecting others.

3. Consent

If the alleged victim agreed to the contact—especially during mutual physical activity like rough play—there’s no battery.

4. Lack of Intent

Battery requires that the contact be intentional. If the touching was accidental, it is not a crime.

5. False Accusation or Mistaken Identity

Battery charges are sometimes based on:

• Personal revenge
• Divorce or custody disputes
• Heated misunderstandings
• Alcohol-related confusion

An experienced attorney can uncover inconsistencies in the story and present evidence like video footage or call records to prove your innocence.

6. No Injury or De Minimis Contact

Even though injury is not required, if the alleged contact was minimal or insignificant, your attorney may argue that it doesn’t meet the threshold for criminal conduct.

7. Mutual Combat

If both parties voluntarily engaged in the fight, neither may be considered a victim under the law.

8. Insufficient Evidence

To convict, the prosecution must present credible proof. You may have a strong defense if:

• There are no reliable witnesses
• No video or physical evidence exists
• The case relies on weak or contradictory testimony

Frequently Asked Questions About Florida Battery Charges

Can I go to jail for first-time battery in Florida?

Yes. Battery is a first-degree misdemeanor, punishable by up to 1 year in jail, probation, and fines up to $1,000.

What makes a battery charge a felony in Florida?

Battery becomes a third-degree felony if:

• You have a previous battery conviction
• The battery was committed during a riot or aggravated riot under § 870.01

Felony battery can carry up to 5 years in prison and a $5,000 fine.

Is a minor push or shove considered battery?

Yes. Under Florida law, any intentional, unwanted touching—even a slight shove—may be considered battery if done without consent.

Do I need a lawyer for a misdemeanor battery charge?

Absolutely. Misdemeanor battery can still result in:

• Jail time
• A permanent criminal record
• Negative impact on immigration, jobs, or custody issues

Call an Orlando Battery Defense Lawyer Today

A battery charge can flip your life upside down—but you have rights, and you don’t have to face it alone. At The AM Lawyer, we challenge the evidence, fight for dismissals, and defend your future.

Call 📞 407.421.2043 or 📞 239.333.8279 today to schedule a Free Consultation regarding Battery Criminal Defense.

The AM Lawyer – Office Information

Located in: Day Building

Address: 605 E Robinson St # 250, Orlando, FL 32801

Phone: 407.421.2043 or 239.333.8279

Hours: Open 24 hours

Legal Citations Supporting Florida Battery Law

• § 784.03, Fla. Stat. – Battery; Felony Battery
• Johnson v. U.S., 559 U.S. 133 (2010) – Any intentional contact, no matter how slight, may qualify as battery
• Fey v. State, 125 So. 3d 828 (Fla. 4th DCA 2013) – Battery includes actions with foreseeable contact
• S.D. v. State, 882 So. 2d 447 (Fla. 4th DCA 2004) – Intent based on the surrounding circumstances
• Byrd v. State, 789 So. 2d 1169 (Fla. 3d DCA 2001) – Battery doesn’t require intent to harm, just intent to touch.