Battery is generally a harmful or offensive contact with another person, without the person’s consent. Battery may be the basis for a criminal charge or offense. The definition and penalties for battery vary from state to state, and are usually located in a state's penal or criminal code (statutes). In some states the crimes of assault and battery are merged into one criminal offense.
Battery is also recognized in tort law as an intentional tort, and may result in civil liability (money damages) in a lawsuit against a person who commits battery.
In Florida, battery is defined under Florida Statutes Section 784.03 as actually and intentionally touching or striking another person against their will, or intentionally causing bodily harm to another person. This offense is typically classified as a misdemeanor of the first degree, which can result in penalties including up to one year in jail or 12 months of probation, and a $1,000 fine. However, the charge can be elevated to a felony if the defendant has a prior conviction for battery, commits aggravated battery, or commits battery on a person in a special category, such as a law enforcement officer or a person over the age of 65. Aggravated battery, which involves the intentional infliction of great bodily harm, permanent disability, or permanent disfigurement, or the use of a deadly weapon, is a more serious offense under Florida law and is classified as a second-degree felony. As for civil liability, a victim of battery in Florida may bring a civil lawsuit seeking monetary damages from the person who committed the battery. This is separate from any criminal charges and is based on the intentional tort of battery, which requires the plaintiff to prove that the defendant intentionally performed a harmful or offensive contact with the plaintiff's person without consent.