Florida
Florida Assault and Battery Laws: Charges and Penalties (2026)
Independently fact-checked against primary sources (last audited October 14, 2026). · 10 primary sources cited on this page. How we verify our legal content
Florida treats assault and battery as two separate crimes. Under Florida Statutes section 784.011, assault is a threat of violence that puts someone in well-founded fear that violence is imminent, with no touching required; under section 784.03, battery is an actual, intentional touch or strike against a person's will, or intentionally causing bodily harm. Simple assault is a second-degree misdemeanor and simple battery a first-degree misdemeanor, while aggravated assault, felony battery, battery by strangulation and aggravated battery are felonies. For other states, see our guide to assault and battery laws by state.
Information last verified on 2026-10-13. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers the assault and battery offenses in Chapter 784 of the 2026 Florida Statutes, the penalty sections 775.082 and 775.083, the Criminal Punishment Code provision in 921.0024, the domestic violence provisions in 741.28 and 741.283, and the civil filing period in 95.11. It does not cover self-defense and justification (see Florida self-defense laws), injunctions and protective orders (see Florida restraining order laws), sexual offenses, federal assault crimes (see the assault and battery hub) or city and county ordinances.
Assault vs. battery in Florida
Florida keeps the traditional split between a threat and a touching. Section 784.011(1) defines assault this way:
"An 'assault' is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent."
Each part of that definition is an element: an intentional and unlawful threat, an apparent ability to carry it out, and an act that creates a well-founded fear that violence is imminent.
Battery is defined in section 784.03(1)(a). The offense 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."
Because the first branch reaches any intentional touch "against the will of the other," a battery under Florida law does not require an injury. The second branch covers intentionally causing bodily harm, however it is done.
Chapter 784 then builds a ladder on top of these two offenses: aggravated assault (784.021), battery by strangulation (784.031), felony battery and domestic battery by strangulation (784.041), and aggravated battery (784.045), plus a series of sections that reclassify an offense to a higher degree when the victim belongs to a listed group.
Florida assault and battery charges and penalties
| Offense | Statute | What it covers | Class | Statutory penalty range |
|---|---|---|---|---|
| Assault | 784.011 | An intentional, unlawful threat by word or act to do violence, with an apparent ability to do so, and an act creating a well-founded fear that violence is imminent | Second-degree misdemeanor (first-degree if in furtherance of a riot or aggravated riot) | Second degree: up to 60 days and a fine up to $500. First degree: up to 1 year and a fine up to $1,000 |
| Aggravated assault | 784.021 | Assault with a deadly weapon without intent to kill, or with an intent to commit a felony | Third-degree felony | Up to 5 years and a fine up to $5,000 |
| Battery | 784.03(1) | Actually and intentionally touching or striking another person against their will, or intentionally causing bodily harm | First-degree misdemeanor | Up to 1 year and a fine up to $1,000 |
| Battery with a prior conviction | 784.03(2) | Any second or subsequent battery by a person with one prior conviction for battery, aggravated battery, felony battery, or resisting an officer with violence under 843.01 | Third-degree felony | Up to 5 years and a fine up to $5,000 |
| Battery in furtherance of a riot | 784.03(3) | Battery committed in furtherance of a riot or an aggravated riot prohibited under 870.01 | Third-degree felony | Up to 5 years and a fine up to $5,000 |
| Battery by strangulation | 784.031 | Knowingly and intentionally, against the person's will, impeding normal breathing or blood circulation by pressure on the throat or neck or by blocking the nose or mouth, so as to create a risk of or cause great bodily harm | Third-degree felony | Up to 5 years and a fine up to $5,000 |
| Felony battery | 784.041(1), (3) | Actually and intentionally touching or striking another against their will and causing great bodily harm, permanent disability, or permanent disfigurement | Third-degree felony | Up to 5 years and a fine up to $5,000 |
| Domestic battery by strangulation | 784.041(2), (3) | The same strangulation conduct against a family or household member or a person in a dating relationship | Third-degree felony | Up to 5 years and a fine up to $5,000 |
| Aggravated battery | 784.045 | In committing battery, intentionally or knowingly causing great bodily harm, permanent disability, or permanent disfigurement, or using a deadly weapon; or battering a person the offender knew or should have known was pregnant | Second-degree felony | Up to 15 years and a fine up to $10,000 |
The prison and jail terms come from section 775.082: up to 60 days for a second-degree misdemeanor and up to 1 year for a first-degree misdemeanor (775.082(4)), and up to 5 years for a third-degree felony, 15 years for a second-degree felony and 30 years for a first-degree felony, or life when a statute specifically provides it (775.082(3)). The fine ceilings come from section 775.083(1): $500 for a second-degree misdemeanor, $1,000 for a first-degree misdemeanor, $5,000 for a third-degree felony and $10,000 for a first- or second-degree felony. The felony sections also refer to section 775.084, the habitual-offender statute, which this page does not cover.
These figures are statutory maximums, not typical sentences. Section 921.0024(2), part of the Criminal Punishment Code, provides that "the lowest permissible sentence is any nonstate prison sanction in which the total sentence points equals or is less than 44 points, unless the court determines within its discretion that a prison sentence, which may be up to the statutory maximums for the offenses committed, is appropriate."
Is assault a felony in Florida?
Simple assault is a misdemeanor in Florida. It is a second-degree misdemeanor under 784.011(2), or a first-degree misdemeanor when committed in furtherance of a riot or aggravated riot under 784.011(3).
Assault becomes a felony when it is aggravated assault under section 784.021(1), which is an assault:
"(a) With a deadly weapon without intent to kill; or (b) With an intent to commit a felony."
Aggravated assault is a third-degree felony under 784.021(2), punishable by up to 5 years and a fine of up to $5,000. Because it is an assault, it requires no physical contact: the deadly weapon or the felony intent attaches to the threat. Under 784.021(3), an aggravated assault committed in furtherance of a riot or aggravated riot is ranked one level higher for sentencing under Chapter 921.
Assault on certain protected persons is also raised one degree (covered below). For simple assault, that moves the charge from a second-degree to a first-degree misdemeanor, not to a felony. For aggravated assault, it moves the charge from a third-degree to a second-degree felony.
When battery becomes a felony in Florida
Simple battery is a first-degree misdemeanor, but Florida turns battery into a felony in several ways. The lowest felony grade in each case is the third-degree felony, punishable by up to 5 years and a fine of up to $5,000.
- One prior conviction. Under 784.03(2), a person with "one prior conviction for battery, aggravated battery, felony battery, or resisting an officer with violence under s. 843.01" who commits any later battery commits a third-degree felony. For 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." A withheld adjudication or a no-contest plea therefore still counts as the prior.
- Riot. A battery in furtherance of a riot or an aggravated riot prohibited under 870.01 is a third-degree felony under 784.03(3).
- Great bodily harm. Felony battery under 784.041(1) requires an intentional touch or strike against the person's will that "causes great bodily harm, permanent disability, or permanent disfigurement."
- Strangulation. Battery by strangulation under 784.031 applies to anyone; domestic battery by strangulation under 784.041(2) applies when the victim is a family or household member or a dating partner. Both are third-degree felonies, and both exclude acts of medical diagnosis, treatment or prescription authorized under state law.
- Protected victims. Battery on a person listed in 784.07, 784.08, 784.081 or 784.074 is reclassified from a first-degree misdemeanor to a third-degree felony, and several other sections make battery on specific workers a third-degree felony directly.
Note the difference between felony battery and aggravated battery. Felony battery under 784.041 asks only whether great bodily harm, permanent disability or permanent disfigurement resulted. Aggravated battery under 784.045(1)(a)1. requires that the person "intentionally or knowingly" cause that harm, and it carries a higher grade.
Aggravated battery in Florida
Section 784.045(1) defines aggravated battery in two ways. Under paragraph (a), a person commits aggravated battery who, in committing battery:
"1. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or 2. Uses a deadly weapon."
Under paragraph (b), a person also commits aggravated battery "if the person who was the victim of the battery was pregnant at the time of the offense and the offender knew or should have known that the victim was pregnant." That means a battery that would otherwise be a misdemeanor is a second-degree felony when the offender knew or should have known the victim was pregnant.
Aggravated battery is a second-degree felony under 784.045(2), punishable by up to 15 years and a fine of up to $10,000. When it is reclassified because of the victim (for example, a law enforcement officer or a person 65 or older), it becomes a first-degree felony, punishable by up to 30 years.
Terms that decide the grade
Several of the most important words in Chapter 784 are not defined in the chapter. Sections 784.011 through 784.045 use "bodily harm," "great bodily harm" and "deadly weapon" without defining them, and the chapter's definitions appear only in particular sections, such as 784.07(1), 784.081(1) and 784.041(2)(b). The meaning of those three terms in a particular case is a question for a Florida criminal defense lawyer.
The chapter does define two terms used in the domestic strangulation offense. Under 784.041(2)(b), "family or household member" has the same meaning as in section 741.28, and "dating relationship" means "a continuing and significant relationship of a romantic or intimate nature."
Assaulting a police officer, nurse, teacher or sports official in Florida
Florida raises assault and battery charges when the victim belongs to a protected group. Most of these sections share the same four steps: assault rises from a second-degree to a first-degree misdemeanor, battery from a first-degree misdemeanor to a third-degree felony, aggravated assault from a third-degree to a second-degree felony, and aggravated battery from a second-degree to a first-degree felony. What differs from section to section is the list of protected people and what the offender must know.
| Protected person (as the statute words it) | Knowledge or duty requirement | Effect | Statute |
|---|---|---|---|
| Law enforcement officer, firefighter, emergency medical care provider, hospital personnel, railroad special officer, traffic accident investigation officer, traffic infraction enforcement officer, parking enforcement specialist, law enforcement explorer, certain uniformed DUI-processing employees, uniformed licensed security officer, community college security officer, or utility worker engaged in work on critical infrastructure | Charged with knowingly committing the offense while the person is engaged in the performance of official duties | All four steps up one degree. Minimum terms: 3 years for aggravated assault and 5 years for aggravated battery on a law enforcement officer; 6 months for battery on a law enforcement officer in furtherance of a riot; 3 years for battery under 784.07(2)(b) on any listed person while possessing a firearm or destructive device, or 8 years with a semiautomatic firearm and its high-capacity detachable box magazine or a machine gun, with no withheld adjudication, suspended or deferred sentence, gain-time or discretionary early release before the minimum is served | 784.07(2)-(3) |
| Person 65 years of age or older | Applies regardless of whether the offender knows or has reason to know the victim's age | All four steps up one degree. Aggravated assault or aggravated battery: minimum 3 years, fine not more than $10,000, restitution and up to 500 hours of community service. Adjudication of guilt or imposition of sentence may not be suspended, deferred or withheld (784.08(3)) | 784.08 |
| Elected official or employee of a school district, private school, the Florida School for the Deaf and the Blind, a university lab school, or a state university or other public education entity; a sports official; employees of the Department of Children and Families, lead community-based providers and the Department of Health, as listed | The offender knows or has reason to know the victim's identity or position or employment; sports officials only while officiating an athletic contest or immediately after it | All four steps up one degree | 784.081 |
| Staff of a sexually violent predators detention or commitment facility | Lawful performance of duties, and the offender knows or has reason to know the victim's identity or employment | All four steps up one degree | 784.074 |
| Code inspector | Lawful performance of duties, and the offender knows or has reason to know the victim's identity or employment | Offense reclassified | 784.083 |
| Visitor to a detention facility, or another detainee, when the offender is detained in a prison, jail or other detention facility | None stated | Offense reclassified | 784.082 |
| Victim the offender knew or should have known was pregnant | Knew or should have known | Battery becomes aggravated battery (second-degree felony) | 784.045(1)(b) |
| Juvenile probation officer, or staff of a juvenile detention center or commitment facility | None stated | Battery is a third-degree felony | 784.075 |
| Person who provides health services, battered by a juvenile committed to or detained by the Department of Juvenile Justice | None stated | Battery is a third-degree felony | 784.076 |
| Facility employee, when a detainee causes or attempts to cause contact with bodily fluids or certain materials | Intent to harass, annoy, threaten or alarm; knows or reasonably should know the person is a facility employee | Battery of a facility employee, a third-degree felony | 784.078(3) |
| A child, when a person causes or attempts to cause contact with blood, seminal fluid, urine or feces | Knowingly | Battery of a child, a third-degree felony | 784.085 |
Separately, section 775.085 reclassifies any misdemeanor or felony one degree when the offense evidences prejudice based on the victim's race, color, ancestry, ethnicity, religion, sexual orientation, national origin, homeless status or advanced age (older than 65).
Who counts as an officer, nurse or hospital worker
Section 784.07(1) defines several of the protected groups. "Law enforcement officer" includes sworn, part-time and auxiliary law enforcement and correctional officers, correctional probation officers, county probation officers, certain Department of Corrections employees and agents who supervise or provide services to inmates, officers of the Florida Commission on Offender Review, federal law enforcement officers as defined in 901.1505, and law enforcement personnel of the Fish and Wildlife Conservation Commission, the Department of Environmental Protection and the Department of Law Enforcement.
"Emergency medical care provider" means "an ambulance driver, emergency medical technician, paramedic, registered nurse, physician as defined in s. 401.23, medical director as defined in s. 401.23, or any person authorized by an emergency medical service licensed under chapter 401 who is engaged in the performance of his or her duties." It also includes physicians, employees, agents and volunteers of hospitals who perform duties directly associated with the care and treatment rendered by the hospital's emergency department or its security.
"Hospital personnel" means a health care practitioner as defined in 456.001, or an employee, agent or volunteer authorized by a hospital "to perform duties directly associated with the care and treatment rendered by any department of a hospital or with the security thereof." That definition covers duties in any department of a hospital, not only the emergency department.
Two of the listed groups carry identification conditions in the statute itself. A licensed security officer is covered only when "wearing a uniform that bears at least one patch or emblem that is visible at all times" identifying the employing agency and identifying the person as a licensed security officer. A "utility worker" must bear a patch, emblem, organizational identification or other clear marking identifying the utility and the person as a utility worker.
The knowledge rules differ
The three main protected-victim sections do not use the same mental-state test:
- Section 784.07 (officers and first responders): the person must be charged with "knowingly" committing the assault or battery on the listed person.
- Section 784.08 (age 65 or older): reclassification applies "regardless of whether he or she knows or has reason to know the age of the victim."
- Section 784.081 (school employees, sports officials and others): reclassification applies when the offender "knows or has reason to know the identity or position or employment of the victim."
Domestic battery in Florida
Florida does not have a separate misdemeanor crime called domestic battery. A battery or assault between family or household members is charged under the same sections described above. The "domestic violence" label comes from section 741.28(2), which defines domestic violence as:
"any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member."
Under 741.28(3), "family or household member" means "spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married." Except for parents of a child in common, the people must currently live or have lived together in the same single dwelling unit.
The domestic label carries a mandatory jail term. Under 741.283(1)(a), if a person is adjudicated guilty of a crime of domestic violence and "has intentionally caused bodily harm to another person," the court must order a minimum of 10 days in the county jail for a first offense, 15 days for a second and 20 days for a third or subsequent offense, unless it imposes a nonsuspended state prison term. Under 741.283(1)(b), those minimums rise to 15, 20 and 30 days when the crime takes place in the presence of a child under 16 who is a family or household member of the victim or the perpetrator.
The one domestic-specific offense in Chapter 784 is domestic battery by strangulation under 784.041(2), a third-degree felony. Protective injunctions are a separate civil process; for how they work, see Florida restraining order laws.
Recent changes to Florida assault and battery law
- Chapter 2026-149 (CS/CS/SB 436), effective July 1, 2026. Titled "An act relating to felony battery," it amended 784.03(2) to provide enhanced penalties for a person who commits a second or subsequent battery after a prior conviction for resisting an officer with violence. A prior conviction for resisting an officer with violence under 843.01 now counts alongside prior battery, aggravated battery and felony battery convictions. The act also added battery on a law enforcement officer that results in bodily injury to the prison releasee reoffender list in section 775.082(9). If the state attorney seeks it and proves the person qualifies, a prison releasee reoffender must receive the statutory maximum, 5 years for a third-degree felony, with no early release. The designation covers offenses committed within 3 years after release from a state prison, from a county detention facility after a prison sentence, or from another state's or a federal institution after incarceration for an offense punishable by more than 1 year in Florida.
- Chapter 2026-144 (CS/SB 156, the Officer Jason Raynor Act), effective June 16, 2026. It revised the definition of "law enforcement officer" in 784.07(1)(e) and revised the provisions on assault or battery upon specified officers and other personnel in 784.07(2), along with sections 776.051, 782.065 and 843.01.
- Earlier amendments. Section 784.07 was also amended in 2025 by chapter 2025-73, and the current battery-by-strangulation section, 784.031, traces to chapter 2023-237.
Civil lawsuits for assault and battery in Florida
A criminal case and a civil lawsuit are separate. The state prosecutes the crime, while the person harmed may bring a civil claim for money damages.
Florida Statutes 95.11(3)(n) places "an action for assault, battery, false arrest, malicious prosecution, malicious interference, false imprisonment, or any other intentional tort, except as provided in subsections (5), (6), and (8)" in the list of actions that must be brought within four years. For other filing deadlines, see the Florida statute of limitations guide.
Related legal issues
- Self-defense. Justification, including when force may be used, is a separate topic; see Florida self-defense laws.
- Protective injunctions. See Florida restraining order laws.
- Clearing a record. Whether an assault or battery arrest or charge can be sealed or expunged is covered in Florida expungement laws.
Related pages
- Assault and battery laws by state
- Florida self-defense laws
- Florida restraining order laws
- Florida expungement laws
- Florida statute of limitations
This article provides general legal information about Florida assault and battery law, not legal advice. Laws change and their application depends on specific facts. For advice about a specific situation, contact a lawyer licensed in Florida.
Last updated: 2026-10-13.
Frequently Asked Questions
What is the difference between assault and battery in Florida?
Assault under Fla. Stat. 784.011 is an intentional, unlawful threat by word or act to do violence, with an apparent ability to carry it out, that creates a well-founded fear of imminent violence. Battery under 784.03 requires an actual, intentional touch or strike against the person's will, or intentionally causing bodily harm.
Is assault a felony in Florida?
Simple assault is a second-degree misdemeanor (a first-degree misdemeanor if committed in furtherance of a riot). Aggravated assault, meaning assault with a deadly weapon without intent to kill or with intent to commit a felony, is a third-degree felony under 784.021.
Is battery a misdemeanor or a felony in Florida?
Simple battery is a first-degree misdemeanor punishable by up to 1 year and a $1,000 fine. It is a third-degree felony with one qualifying prior conviction, in furtherance of a riot, or against a listed protected person, and felony battery, battery by strangulation and aggravated battery are felonies in their own right.
What is felony battery in Florida?
Under 784.041(1), felony battery means actually and intentionally touching or striking someone against their will and causing great bodily harm, permanent disability or permanent disfigurement. It is a third-degree felony, punishable by up to 5 years and a fine of up to $5,000.
What makes a battery aggravated in Florida?
Under 784.045, a battery is aggravated if the person intentionally or knowingly causes great bodily harm, permanent disability or permanent disfigurement, uses a deadly weapon, or batters someone the person knew or should have known was pregnant. Aggravated battery is a second-degree felony, punishable by up to 15 years.
What happens if you hit a police officer in Florida?
Battery on a law enforcement officer engaged in official duties, when charged as knowingly committed, is reclassified from a first-degree misdemeanor to a third-degree felony under 784.07(2)(b). Aggravated battery on a law enforcement officer becomes a first-degree felony with a 5-year minimum prison term.
Is it a felony to hit a nurse in Florida?
Section 784.07 lists hospital personnel and emergency medical care providers, and its definitions include health care practitioners working for a hospital and registered nurses. Knowingly battering one of them while engaged in official duties is reclassified from a first-degree misdemeanor to a third-degree felony.
Is assaulting a teacher or a referee a felony in Florida?
Section 784.081 reclassifies assault and battery on school district, private school and state university employees, sports officials and other listed workers when the offender knows or has reason to know the victim's position. Battery rises from a first-degree misdemeanor to a third-degree felony; for sports officials the rule applies only during the contest or immediately after it.
Is choking someone a felony in Florida?
Yes. Knowingly and intentionally impeding someone's normal breathing or blood circulation, against their will, by pressure on the throat or neck or by blocking the nose or mouth, so as to create a risk of or cause great bodily harm, is battery by strangulation, a third-degree felony under 784.031 (and domestic battery by strangulation under 784.041(2) when the victim is a family or household member or dating partner).
How long do you have to sue for assault or battery in Florida?
Fla. Stat. 95.11(3)(n) gives four years to bring an action for assault, battery or any other intentional tort, except as provided in subsections (5), (6) and (8) of that section.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Florida Statutes
§ 784.011Assault.In force
(1) An “assault” is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent. (2) Except as provided in subsection (3), a person who assaults another person commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (3) A person who assaults another person in furtherance of a riot or an aggravated riot prohibited under s. 870.01 commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leg.state.fl.us
§ 784.03Battery; felony battery.In force
(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. (b) Except as provided in subsection (2) or subsection (3), a person who commits battery commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (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. (3) A person who commits a battery in furtherance of a riot or an aggravated riot prohibited under s. 870.01 commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or 775.084.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leg.state.fl.us
§ 784.021Aggravated assault.In force
(1) An “aggravated assault” is an assault:(a) With a deadly weapon without intent to kill; or (b) With an intent to commit a felony. (2) A person who commits aggravated assault commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (3) For the purposes of sentencing under chapter 921, a violation of this section committed by a person acting in furtherance of a riot or an aggravated riot prohibited under s. 870.01 is ranked one level above the ranking under s. 921.0022 for the offense committed.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leg.state.fl.us
§ 784.045Aggravated battery.In force
(1)(a) A person commits aggravated battery who, in committing battery:1. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or 2. Uses a deadly weapon. (b) A person commits aggravated battery if the person who was the victim of the battery was pregnant at the time of the offense and the offender knew or should have known that the victim was pregnant. (2) A person who violates subsection (1) commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (3) For the purposes of sentencing under chapter 921, a violation of this section committed by a person acting in furtherance of a riot or an aggravated riot prohibited under s. 870.01 is ranked one level above the ranking under s. 921.0022 for the offense committed.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leg.state.fl.us
§ 784.041Felony battery; domestic battery by strangulation.In force
(1) A person commits felony battery if he or she:(a) Actually and intentionally touches or strikes another person against the will of the other; and (b) Causes great bodily harm, permanent disability, or permanent disfigurement. (2)(a) A person commits domestic battery by strangulation if the person knowingly and intentionally, against the will of another, impedes the normal breathing or circulation of the blood of a family or household member or of a person with whom he or she is in a dating relationship, so as to create a risk of or cause great bodily harm by applying pressure on the throat or neck of the other person or by blocking the nose or mouth of the other person. This paragraph does not apply to any act of medical diagnosis, treatment, or prescription which is authorized under the laws of this state. (b) As used in this subsection, the term:1. “Family or household member” has the same meaning as in s. 741.28. 2. “Dating relationship” means a continuing and significant relationship of a romantic or intimate nature. (3) A person who commits felony battery or domestic battery by strangulation commits a felony of the third degree, punishable as provided in s.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leg.state.fl.us
§ 784.07Assault or battery of law enforcement officers and other specified personnel; reclassification of offenses; minimum sentences.In force
(1) As used in this section, the term:(a) “Emergency medical care provider” means an ambulance driver, emergency medical technician, paramedic, registered nurse, physician as defined in s. 401.23, medical director as defined in s. 401.23, or any person authorized by an emergency medical service licensed under chapter 401 who is engaged in the performance of his or her duties. The term “emergency medical care provider” also includes physicians, employees, agents, or volunteers of hospitals as defined in chapter 395, who are employed, under contract, or otherwise authorized by a hospital to perform duties directly associated with the care and treatment rendered by the hospital’s emergency department or the security thereof. (b) “Firefighter” means any person employed by any public employer of this state whose duty it is to extinguish fires; to protect life or property; or to enforce municipal, county, and state fire prevention codes, as well as any law pertaining to the prevention and control of fires. (c) “Hospital personnel” means a health care practitioner as defined in s.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leg.state.fl.us
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Sources and References
- Florida Statutes Chapter 784, assault and battery offenses (784.011-784.086)(www.leg.state.fl.us).gov
- Florida Statutes 775.082, penalties for misdemeanors and felonies(www.leg.state.fl.us).gov
- Florida Statutes 775.083, fines(www.leg.state.fl.us).gov
- Florida Statutes 921.0024, Criminal Punishment Code (lowest permissible sentence)(www.leg.state.fl.us).gov
- Florida Statutes 741.28, Domestic violence; definitions(www.leg.state.fl.us).gov
- Florida Statutes 741.283, minimum jail term for domestic violence(www.leg.state.fl.us).gov
- Florida Senate, CS/CS/SB 436 (2026), Felony Battery, Chapter 2026-149(www.flsenate.gov).gov
- Florida Senate, CS/SB 156 (2026), Officer Jason Raynor Act, Chapter 2026-144(www.flsenate.gov).gov
- Florida Statutes 95.11, limitations of actions (four-year intentional torts)(www.leg.state.fl.us).gov
- Florida Statutes 775.085, Evidencing prejudice while committing offense; reclassification(www.leg.state.fl.us).gov
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