784.03
Battery; felony battery.
Find cases:
SyfertCases citing this section
FL-LEGleg.state.fl.us
JustiaFla. Statutes
CornellLII Search
CasesGoogle Scholar
784.03 Battery; felony battery.—
(1)(a) The offense of battery occurs when a person:
1. Actually and intentionally touches or strikes another person against the will of the other; or
2. Intentionally causes bodily harm to another person.
(2) A person who has one prior conviction for battery, aggravated battery, or felony battery and who commits any second or subsequent battery commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. For purposes of this subsection, “conviction” means a determination of guilt that is the result of a plea or a trial, regardless of whether adjudication is withheld or a plea of nolo contendere is entered.
History.—s. 5, Feb. 10, 1832; RS 2401; s. 1, ch. 5135, 1903; GS 3227; RGS 5060; CGL 7162; s. 2, ch. 70-88; s. 730, ch. 71-136; s. 19, ch. 74-383; s. 9, ch. 75-298; s. 172, ch. 91-224; s. 5, ch. 96-392; s. 4, ch. 2001-50; s. 6, ch. 2021-6.
Notes of Decisions
Cited in 639
cases (80 in the last 5 years), 1962–2026 · leading case: United States v. Clifford B. Gandy, Jr.
United States v. Clifford B. Gandy, Jr. (2019)
“’s prior conviction for battery of a jail detainee, Fla. Stat. §§ 784.03 , 784.082, qualifies as a “crime of violence” under the Sentencing Guidelines.”
State v. Hearns (2007)
“…bodily harm to an individual. (2) Whoever commits battery shall be guilty of a misdemeanor of the first degree. § 784.03, Fla. Stat. (1985).”
United States v. Eddy Wilmer Vail-Bailon (2017)
“” 9 Fla. Stat. § 784.03 (1)(a)(1). As interpreted by the Florida Supreme Court, actual and intentional touching—the only element necessary to support a conviction for simple battery—is satisfied by any physical contact, “no matter how slight.”
State v. Obregon (2019)
“See Fla. Stat. § 784.03 (1)(a) (2009). The PSI report did not show which version in the Florida statute Obregon was convicted of violating.”
Johnson v. United States (2010)
“We decide whether the Florida felony offense of battery by “[a] dually and intentionally touch [ing]” another person, Fla. Stat. § 784.03 (1)(a), (2) (2003), “has as an element the use .”
Trellus Richmond v. Mario J. Badia (2022)
“” Fla. Stat. § 784.03 (1)(a). Badia’s use of force left Richmond with pain in his wrist, an- kle, and back for which he sought medical treatment.”
Descamps v. United States (2013)
“” Fla. Stat. §784.03 (1)(a) (2010). It is a distinct possibility (one not foreclosed by any Florida decision of which I am aware) that a conviction under this provision does not require juror agreement as to whether a defendant firmly touched or lightly struck the victim.”
Michael Turner v. Warden Coleman FCI (Medium) (2013)
“” Fla. Stat. § 784.03 (1)(a). Though battery is ordinarily a misdemeanor, battery against a law-enforcement officer is a felony.”
Soverino v. State (1978)
“1976), or Section 784.03, Florida Statutes (1975); and (3) it imbues the prosecutor with unlimited discretion to determine who constitutes a member of the class of "law enforcement officers" protected by the statute because the language of the statute specifically states that…”
United States v. Aguila-Montes De Oca (2011)
“Johnson held that a conviction under Florida's divisible battery statute, Fla. Stat. § 784.03 , was not categorically a violent felony because the statute encompassed convictions for " any intentional physical contact, no matter how slight.”
United States v. Eddy Wilmer Vail-Bailon (2016)
“It is exactly the same as one of the three alternative ways that a person can commit the complete crime of simple battery in Florida under Fla. Stat. § 784.03 (1)(a)(1). 2 2 Under Fla.”
United States v. Malmsberry (2002)
“On December 15, 2000, Malmsberry committed the offense of Battery [as to Cindy Brown in violation of Fla. Stat. § 784.03 ] and Contributing to the Delinquency or Dependency of a Minor [as to Cole Malmsberry, son of Shawn Malms-berry and Cindy Cole, in violation of Fla.”
— 784.03(1) — 58 cases
State v. Hearns (2007)
“…bodily harm to an individual. (2) Whoever commits battery shall be guilty of a misdemeanor of the first degree. § 784.03, Fla. Stat. (1985).”
Merritt v. State (1998)
State v. Hackley (2012)
State v. Stalder (1994)
— 784.03(1)(A) — 1 case
— 784.03(1)(a) — 76 cases
State v. Hearns (2007)
“…bodily harm to an individual. (2) Whoever commits battery shall be guilty of a misdemeanor of the first degree. § 784.03, Fla. Stat. (1985).”
Carpenter v. State (2001)
State v. Weaver (2007)
Jaimes v. State (2010)
Clark v. State (2001)
— 784.03(1)(a)(1) — 10 cases
Khianthalat v. State (2008)
State v. Hearns (2007)
“…bodily harm to an individual. (2) Whoever commits battery shall be guilty of a misdemeanor of the first degree. § 784.03, Fla. Stat. (1985).”
Jenkins v. State (2004)
Khianthalat v. State (2006)
Spradlin v. State (2007)
— 784.03(1)(a)(2) — 2 cases
Jenkins v. State (2004)
— 784.03(1)(b) — 17 cases
State v. Hearns (2007)
“…bodily harm to an individual. (2) Whoever commits battery shall be guilty of a misdemeanor of the first degree. § 784.03, Fla. Stat. (1985).”
Watson v. State (1982)
Hearns v. State (2005)
Ellis v. State (2002)
Savino v. State (1984)
— 784.03(2) — 71 cases
State v. Warren (2001)
State v. Warren (2000)
State v. Clyatt (2008)
— 784.03(2)(b) — 1 case
DREAM DEFENDERS v. DESANTIS (2021)
— 784.03(l)(a) — 39 cases
Colony Insurance v. Barnes (2005)
State v. Florida (2005)
Holborough v. State (2012)
Andrako Bradley v. State (2015)
— 784.03(l)(a)(l) — 3 cases
Yarn v. State (2013)
T.S. v. State (2007)
King v. United States (2017)
— 784.03(l)(b) — 4 cases
Hopkins v. State (2012)
L.W.G. v. State (2001)
Blanche v. State (1999)
Kerrigan v. State (2012)
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.