Florida/Georgia Personal Injury & Workers Compensation

...Coffin was charged with the misdemeanor of obstruction of justice without violence under Fla. Stat. Ann. § 843.02. Mr. Coffin was charged with several felonies: two counts of battery on a law enforcement officer under Fla. Stat. Ann. § 784.07(2)(b) and § 784.03(1); resisting an officer with violence under Fla....

...violent career criminal statute. We discuss each in turn. 1. Battery on a Law Enforcement Officer (BOLEO) Under the Florida Statutes, battery is a crime, but it is not always a felony. Two battery statutes are relevant in this case: simple battery, section 784.03, Florida Statutes (2006), and battery on a law enforcement officer, section 784.07, Florida Statutes (2006)....

...Actually and intentionally touches or strikes another person against the will of the other; or *214 2. Intentionally causes bodily harm to another person. (b) Except as provided in subsection (2), a person who commits battery commits a misdemeanor of the first degree. § 784.03(1), Fla....

...f the catchall clause of the statute—"any other felony which involves the use or threat of physical force or violence against any individual." Id. As noted above, by definition BOLEO is a simple battery committed on a law enforcement officer. Under section 784.03, a battery is committed by (a) actually and intentionally touching or striking another person against the will of the other, which may, but need not, involve "the use or threat of physical force or violence;" or (b) intentionally causi...

...of the doubt and assume he had been convicted for the least violent of the BOLEO elements: The State has not shown with any certainty (has not shown at all, in fact) whether the battery on a law enforcement officer was a mere unwanted touching, see section 784.03(1)(a), Florida Statutes (1985), or caused bodily harm, see section 784.03(1)(b)....

...tute, he concluded that "[u]nder the Perkins reasoning, the identical language in the PRR Act means that the elements of a qualifying third-degree felony must encompass the use or threat of physical force or violence. Because unwanted touching under section 784.03(1)(a)(1) may not necessarily be a violent act, it cannot be a qualifying offense for PRR sentencing." Id....

...That test is designed to determine whether an offense involves the use or threat of physical force or violence. In applying the Perkins test, we analyze the elements of the battery statute from which BOLEO derives its conduct element. See § 784.07, Fla. Stat. (1985). Section 784.03 defines battery as (a) actually and intentionally touching or striking another person against the will of the other; or (b) intentionally causing bodily harm to an individual....

...The weight of authority contradicts the State's argument. Existing case law makes it clear that any intentional touching, no matter how slight, is sufficient to constitute a simple *219 battery. See, e.g., D.C. v. State, 436 So.2d 203, 206 (Fla. 1st DCA 1983) ("[I]t is clear from Section 784.03 that any intentional touching of another person against such person's will is technically a criminal battery."); L.D....

...[2] This is the most recent version of the simple battery statute. Hearns was convicted under the 1985 version of the battery statute. Although the two versions do not materially differ, the numbering is slightly different. The 1985 version reads: 784.03 Battery....

...— (1) A person commits battery if he: (a) Actually and intentionally touches or strikes another person against the will of the other; or (b) Intentionally causes bodily harm to an individual. (2) Whoever commits battery shall be guilty of a misdemeanor of the first degree. § 784.03, Fla....

...Brooks was sentenced to more than one year imprisonment for this crime of violence, which brought him within the definition of an aggravated felony. See INA § 101(a)(43)(F), 8 U.S.C. § 1101 (a)(43)(F). Brooks' other convictions were under Fla. Stat. § 784.03 , *1273 Battery, in-and-of itself, and as a lesser ra-eluded offense....

...Lora gave birth to a child in the U.S. in 1997. In 1998, Mr. Alim was arrested for assaulting Lora, and pled nolo contendere (or 2 no contest) in Florida circuit court for domestic battery in violation of Fla. Stat. § 784.03(1)(A)....

...f his right to argue his theory of the defense. He also argues that the court erred by refusing to instruct the jury that carrying a dangerous weapon on board an aircraft, in violation of 49 U.S.C. § 46505, and battery, in violation of Fla Stat. § 784.03 pursuant to 18 U.S.C....

...Johnson Decision 7  In Johnson, the Supreme Court examined a battery offense under Florida law, which occurs when a person either actually and intentionally touches another person against his will or “intentionally causes bodily harm to another person,” Fla. Stat. § 784.03, to determine if the offense qualifies as a violent felony under the ACCA....

...Each non- sexual act, independent of the sexual acts, would constitute a distinct crime under Florida law. In particular, the Incident began when the perpetrator hit the Victim on the head and threatened to kill her children – acts constituting an assault under section 784.011, Florida Statutes, and a battery under section 784.03....

...defendant commits “simple battery” under Florida law when he either “[1] actually and intentionally touches or strikes another person against the will of another; or . . . [2] intentionally causes bodily harm to another person.” Id. at 1197 (quoting Fla. Stat. § 784.03(1)(a))....

...His base offense level was set at 24 under U.S.S.G. § 2K2.1(a)(2) based on the district court’s determination that he had two prior convictions for crimes of violence as defined by U.S.S.G. § 4B1.2(a). Those two prior convictions were for felony battery in violation of Fla. Stat. § 784.03 in 2006, and for attempted first degree assault in violation of Ala. Code §§ 13A-6-20(a) and 13A-4-2(a) in 1997. In addition to his base offense level of 24, Pantle received a two-level enhancement because the firearm he possesse...

...extortion, and crimes involving the use of explosives, the crimes enumerated in U.S.S.G. § 4B1.2.” Alexander, 609 F.3d at 1259. III. Pantle first contends that under Johnson, his conviction for felony battery under Fla. Stat. § 784.03 does not categorically qualify as a “crime of violence” under § 2K2.1(a)....

...In that case the Supreme Court recently held that the Florida felony offense of battery is not categorically a “violent felony” under the “use clause” of the ACCA. Johnson, ___ U.S. at ___, 130 S. Ct. at 1270–72 (holding that the least of the acts sufficient to support a conviction under Fla. Stat. § 784.03—actually and intentionally touching—was not a “violent felony”); see also United States v....

...” under the Armed Career Criminal 6 Act, 18 U.S.C. § 924(e)). Consequently, when nothing in the Shepard documents before the trial court shows that a defendant’s prior conviction under Fla. Stat. § 784.03 was based on greater force than an actual and intentional touching, the prior conviction does not constitute a violent felony under 18 U.S.C....

...n during the initial encounter at Stalder's home as a "Jewish lawyer": "Jew boy, you fat Jewish lawyer get the hell off my property... ." and "Jewish kike, come on Jewish lawyer ... I'm going to kick your ass... ." Stalder was charged with violating section 784.03(1), Florida Statutes (1989) (simple battery) for pushing Cohen, and the penalty was subject to reclassification pursuant to section 775.085(1) from a first-degree misdemeanor to a third-degree felony....

...Under Florida law, the criminal “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.” Fla. Stat. § 784.03(1)(a). 43 comparison point, we still ultimately affirm its conclusion. We do so because the proper comparison point did provide unambiguous notice to the defendants of the seriousness of their tort. Battery is a crime in Florida punishable by up to a year in prison, see Fla. Stat. §§ 784.03(1), 775.082(4)(a), 775.083(1)(d), which is a serious criminal sanction.8 The due process clause is violated when defendants do not have fair notice of the magnitude of the punitive sanctions they might face. Because battery can carry a p...

...as either (1) "Bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ;" or (2) "Prolonged physical pain." Comparatively, section 784.03(1)(a), Florida Statutes (1997), provides that a battery occurs when a person (1) "Actually and intentionally touches or strikes another person against the will of the other;" or (2) "Intentionally cause bodily harm to another person,"...

simple battery, in violation of Florida Statute § 784.03(1)(a). The court explained that McDonough was

...A person commits the 5 offense of “battery” (that is, “simple battery”) under Florida law when he “[a]ctually and intentionally touches or strikes another person against the will of the other; or . . . [i]ntentionally causes bodily harm to another person. Fla. Stat. § 784.03(1)(a) (emphasis added)....

...battery—that is, he “[a]ctually and intentionally touches or strikes another person” against the latter’s will, or “[i]ntentionally causes bodily harm to another person.” Small v. State, 889 So. 2d 862, 863 (Fla. Dist. Ct. App. 2004) (construing Fla. Stat. §§ 784.03(1)(a), 784.045(1)(b)). This court has yet to address the issue of whether aggravated battery on a pregnant woman, in violation of Fla....

...We have, however, addressed closely analogous issues in Glover and United States v. Griffith, 455 F.3d 1339 (11th Cir. 2006). In Glover, this court set forth the elements of simple battery under Florida law and held that simple battery on a law enforcement officer, in violation of Fla. Stat. §§ 784.03 and 784.07, is a crime of violence under U.S.S.G....

...Weaver twice shoved the officer in the chest. He was arrested and charged with battery on a law enforcement officer (BOLEO) under section 784.07, Florida Statutes (2005). Weaver, 916 So.2d at 896. Section 784.07, Florida Statutes, makes it a felony to commit BOLEO. A battery is defined in section 784.03(1)(a), Florida Statutes (2005)....

...in the First Degree and run the sentences for Murder in the Second Degree, Child Torture and Child Abuse consecutive thereto." [2] Article V, Section 3(b)(1), Florida Constitution. [3] Instructions were requested by Appellant on assault and battery, § 784.03, F.S....

...earlier convictions that the district court determined to be for violent felonies. One of them was for battery in Florida, which would have been a misdemeanor had it not been elevated to felony status under state law because Johnson had an earlier battery conviction. See Fla. Stat. § 784.03(2). In this appeal from his sentence on the § 922(g) conviction Johnson contends that he should not have been sentenced as an armed career criminal, because felony battery under Florida law does not come within the definition of “violent felony” that is contained in the ACCA, 18 U.S.C....

...The court now instructs you that (name of official position of victim designated in charge) is a law enforcement officer. Do not read the name of the victim in this part of the instruction. __________ Lesser Included Offenses Category One: None Category Two: Battery, Fla.Stat. 784.03(1)(a) __________ Comment This instruction is based on section 790.054, Florida Statutes, (1997)....

...by imprisonment in the state prison not exceeding five years or in the county jail not exceeding one year or by fine not exceeding three thousand dollars, or by both such fine and imprisonment." (Emphasis added.) Assault and battery is condemned by Section 784.03, Florida Statutes, F.S.A., as follows: "Whoever commits assault and battery shall be punished by imprisonment not exceeding six months, or by fine not exceeding five hundred dollars." An aggravated assault as defined by the above statute requires only a general intent and not a specific criminal intent....

...battery could be committed under that statute in any one of three ways: by intentionally causing bodily harm to the victim, or by intentionally striking the victim, or by actually and intentionally touching the victim. Id. at 1269; see Fla. Stat. § 784.03(1)(a)....

...The Supreme Court determined that nothing in the record of Johnson’s 2003 battery conviction established that he did anything more than the least of those three things: “‘actually and intentionally touch[ing]’ the victim.” 1 130 S.Ct. at 1269 (quoting Fla. Stat. § 784.03(1)(a) (brackets omitted))....

...reveal which alternative means of committing the offense had been the basis for conviction. See id. at 1269. 4 classifying him as an armed career criminal if “‘[a]ctually and intentionally touch[ing] another person, Fla. Stat. § 784.03(1)(a), (2) (2003), ‘has as an element the use ....

...I conclude that battery, in addition to being the core offense for aggravated battery, is also the core offense for attempted second-degree murder, regardless of whether the victim is struck or injured. As previously stated, a battery is an intentional, nonconsensual touching or striking. See § 784.03(1)(a), Fla....

] Fla. Stat. § 784.03 . Because Vereen was convicted under § 784.03(2), we analyze that subsection

...State Racing Comm'n, 112 So.2d 825, 828 (Fla. 1959) (citing Florida State Racing Comm'n v. McLaughlin, 102 So.2d 574, 575 (Fla. 1958)). As we read the two provisions at issue, section 784.045(1)(a) effectively reclassifies as a second-degree felony the crime of simple battery, section 784.03 of the Florida Statutes (1985), when the defendant, without the use of a deadly weapon, knowingly or intentionally causes great bodily harm, permanent disability, or permanent disfigurement....

...Under this statutory interpretation, the punishment for battery increases as the degree of actual injury or potential for serious injury becomes greater. For example, a simple battery without the use of a deadly weapon is a first-degree misdemeanor (section 784.03); a simple battery involving the use of a deadly weapon is a second-degree felony (statutorily redefined by section 784.045(1)(b) as aggravated battery); aggravated battery causing great bodily harm is a second-degree felony (section 7...

...State, 957 So.2d 595, 599 (Fla.2007) (emphasis added). Neither of these two conditions was satisfied in this case. The elements of simple, battery are: (1) actually and intentionally touching or striking another person; and (2) against the will of the other person. § 784.03(1)(a)(1), Fla....

...e prosecutor to file, on identical conduct, either a felony or a misdemeanor information because the prosecutor may charge someone who commits an assault or battery upon a police officer under either Section 784.07, Florida Statutes (Supp. 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 specific...

...Powell, 262 So.2d 881 (Fla. 1972); Holley v. Adams, 238 So.2d 401 (Fla. 1970). With regard to his second point on appeal, appellant notes that prior to the enactment of Section 784.07, Florida Statutes (Supp. 1976), battery on a police officer constituted an offense under Section 784.03, Florida Statutes (1975), the misdemeanor statute. Since Section 784.03 was not repealed or modified by the enactment of Section 784.07, appellant suggests that the prosecutor may file under the felony or the misdemeanor statute. Appellant concludes this unbridled discretion in the prosecutor must invalidate the statute at issue. While we agree that the prosecutor has the discretion to charge under either Section 784.07, Florida Statutes (Supp. 1976), or Section 784.03, Florida Statutes (1975), when a police officer has been the victim of a battery, we cannot endorse appellant's conclusion that such discretion creates a constitutional infirmity....

...Traditionally, the legislature has left to the prosecutor's discretion which violations to prosecute and hence which range of penalties to visit upon the offender. Id. at 22. In sum, simply because the Government could have proven a violation by appellant of both Sections 784.03 and 784.07 but decided to prove its case under Section 784.07, appellant's right to equal protection is not violated....

...e note that appellant might have an equal protection argument if a violation of the misdemeanor statute invariably constituted a violation of the felony statute. Palmore v. United States, 290 A.2d 573 (D.C. 1972). In the instant case, a violation of § 784.03 would not invariably constitute a violation of § 784.07....

...2d DCA 1976), as to the defense of insanity induced by intoxication. To the extent that Russell v. State, 373 So.2d 97 (Fla. 2d DCA 1979), may appear to be inconsistent with our present holding, we recede from Russell. Russell found that the inclusion of the word "intentionally" in section 784.03, Florida Statutes (1977), made battery a specific intent crime to which voluntary intoxication was a defense....

...The State requested the trial court to instruct the jury on the lesser included offenses of lewd or lascivious battery under section 800.04(4)(a), sexual battery without physical force and violence likely to cause serious personal injury under section 794.011(5), and simple battery under section 784.03, Florida Statutes (2002)....

...FACTUAL AND PROCEDURAL BACKGROUND Petitioner V.K.E., an eleventh grade high school student and a juvenile, was involved in an altercation with another student and entered a plea of nolo contendere to a delinquency petition asserting the commission of a simple battery under the provisions of section 784.03, Florida Statutes (2001), a misdemeanor....

...en court programs, juvenile assessment centers, and other juvenile alternative programs. The rationale used in S.S.M., to justify imposition of the surcharge pursuant to section 938.05, was that the statute assesses this surcharge for a violation of section 784.03 (battery statute), and section 985.03(58) defines "violation of law" or a "delinquent act" as a "violation of any law of this state." [n.1] [n.1] Section 985.03(58) provides: `Violation of law' or `delinquent act' means a violation of...

...The Plain Meaning of the Statutes The surcharges at issue were mandated under sections 938.08 and 938.085, Florida Statutes (2001, 2003), which state in relevant part: 938.08 Additional cost to fund programs in domestic violence.—In addition to any sanction imposed for a violation of ... s. 784.03, ......

...ny other court-ordered supervision.... 938.085 Additional cost to fund rape crisis centers.—In addition to any sanction imposed when a person pleads guilty or nolo contendere to, or is found guilty of, regardless of adjudication, a violation of ... s. 784.03, ......

...intent. Under the plain language of the statutes in question, sections 938.08 and 938.085, they apply to juvenile delinquency proceedings. Section 938.08 states, without exception, that "[i]n addition to any sanction imposed for a violation of . . . s. 784.03, . . . the court shall impose a surcharge of $201." (Emphasis added.) The statute thus requires the trial court to impose this surcharge on anyone, juvenile or otherwise, who violates section 784.03 (or any of the other statutes enumerated in section 938.08). This language is clear, definite, and unambiguous. Juveniles, as well as adults, can violate the law. Because V.K.E. pled nolo contendere to simple battery under section 784.03, under section 938.08 she committed a "violation of ... s. 784.03." That the court withheld adjudication of delinquency does not change the analysis....

...Therefore, notwithstanding the trial court's withholding of adjudication in this case, V.K.E. committed a "violation of law." Section 938.085 contains similar language. It provides that "[i]n addition to any sanction imposed when a person pleads ... nolo contendere to ... a violation of ... s. 784.03, ......

...originally charged V.K.E. with felony battery under section 784.041, Florida Statutes (2002). However, the State and V.K.E. later agreed to a plea bargain. To avoid a possible conviction of felony battery, she pled nolo contendere to a violation of section 784.03—simple battery. This plea placed her within the ambit of section 938.085 because she pled "nolo contendere to ... a violation of ... s. 784.03." The statute requires the trial court to impose this $151 surcharge on anyone who pleads guilty or nolo contendere to a violation of section 784.03 (or any of the other statutes enumerated in section 938.08)....

...Many of the offenses triggering the surcharges, enumerated in sections 938.08 and 938.085, are unrelated to rape, sexual assault, or domestic violence. See § 784.011, Fla. Stat. (2005) (assault); § 784.021, Fla. Stat. (2005) (aggravated assault); § 784.03, Fla....

..., sexual contact is not. Thus, the elements of gross sexual imposition are not analogous to attempted sexual battery under Florida law. At the sentencing hearing, Dautel's defense counsel argued that the Ohio conviction is analogous to battery under section 784.03, Florida Statutes (1991), and should be scored as a misdemeanor....

...(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. Fla. Stat. Ann. § 784.03 (emphasis added)....

...re, Plaintiff has failed to satisfy the requirements for alleging the commission of a battery. Under Florida law, the elements of battery are "actually and intentionally touching or striking another person against the will of that person." Fla.Stat. § 784.03 (1991)....

...In this appeal from a conviction for aggravated child abuse, George Kama challenges the trial court's refusal to instruct the jury on allegedly lesser included offenses: misdemeanor child abuse, section 827.04(2), Florida Statutes (1985), and simple battery, section 784.03, Florida Statutes (1985)....

...Instructions in Criminal Cases [3] does not include section 827.03, although it does include 827.04. Left without guidance from the Florida Supreme Court on this issue, the trial judge found that a stepparent cannot be guilty of simple battery under section 784.03 for disciplining his stepchild....

...endant guilty of battery, the state must prove beyond a reasonable doubt that the defendant either intentionally touched or struck the victim against his will or that he intentionally caused bodily harm to the victim. Since battery, as defined under Section 784.03, Florida Statutes, involves a nonconsensual touching, the jurors could appropriately be instructed that if the force used by the defendant was considered by them to be reasonable or within the bounds of moderation, they could properly conclude the punishment inflicted was consensual....

...hould be able to confidently rely," In the Matter of the Use By the Trial Courts Of the Standard Jury Instructions in Criminal Cases and the Standard Jury Instructions in Misdemeanor Cases, 431 So.2d 594, 597 (Fla. 1981). [4] "Battery" is defined by section 784.03, Florida Statutes (1985): (1) A person commits battery if he: (a) Actually and intentionally touches or strikes another person against the will of the other; or (b) Intentionally causes bodily harm to an individual....

...60 days imprisonment in the county jail, or a fine of $500, or both). Ch. 71-136, Laws of Fla. Chapter 74-383, Laws of Florida, substantially reworded the statutes proscribing assault (section 784.011), aggravated assault (section 784.021), battery (section 784.03), aggravated battery (section 784.045), and culpable negilgence (section 784.05)....

...ond District misapplied this Court's decision in holding that the instruction in this case was not fundamental error. In Weaver, the defendant was tried for the offense of battery on a law enforcement officer. See § 784.07, Fla. Stat. (2005). Under section 784.03(1)(a), Florida Statutes (2005), a battery may be committed in two ways, occurring either when a person "[a]ctually and intentionally touches or strikes another person against the will of the other," or when a person "[i]ntentionally ca...

...lesser included offense." Here, the jury was instructed on aggravated battery with simple battery as a lesser included offense. To convict Jaimes of simple battery, the jury was required to find that Jaimes intentionally touched or struck the victim against his will or intentionally caused the victim bodily harm. See § 784.03. To convict Jaimes of aggravated *452 battery, the jury was required to find, first, that Jaimes had committed each element of simple battery under section 784.03, and second, that Jaimes had committed the battery by using a deadly weapon....

...... and the first degree misdemeanor of simple battery____ Unlike the Missouri Legislature in Hunter , the legislature in our ease has not made it “crystal clear” that it intended to convict and punish a defendant for both a simple battery under Section 784.03, and burglary under Section 810.02(2)(a), which is enhanced to a first degree felony punishable by life by reason of the commission of the battery....

...The battery on a law enforcement officer statute, section 784.07, Florida Statutes (1983), requires that the perpetrator knowingly commit the offense on a law enforcement officer. Evans v. State, 452 So.2d 1093, 1094 (Fla. 2d DCA 1984). Thus, simple battery under section 784.03, Florida Statutes (1989), is a necessarily lesser included offense of battery of a law enforcement officer....

...Accordingly, the conviction of battery of a law enforcement officer pursuant to section 784.07 and the sentence in case number 91-1160 is reversed and the cause remanded for entry of a judgment of conviction and sentence on the lesser included offense of simple battery pursuant to section 784.03....

...State, 489 So.2d 112, 114 (Fla. 1st DCA 1986). Accordingly, we quash Merritt and approve Fredericks to the extent that it is consistent with this opinion. In this case, Merritt was convicted of violating section 777.04, Florida Statutes (1995) (attempt), and section 784.03(1), Florida Statutes (1995) (battery)....

...KOGAN, C.J., OVERTON, SHAW, HARDING and ANSTEAD, JJ., and GRIMES, Senior Justice, concur. NOTES [1] Merritt was convicted pursuant to: section 777.04, Florida Statutes (1995), which defines the offense of attempt as attempting "to commit an offense prohibited by law"; section 784.03(1), Florida Statutes (1995), which provides that the offense of battery occurs when a person "(a) Actually and intentionally touches or strikes another person against the will of the other; or (b) Intentionally causes bodily harm to an...

...ell-founded fear in such other person that such violence is imminent." Section 784.021(1), Florida Statutes (1995), defines aggravated assault as an assault "(a) With a deadly weapon without intent to kill; or (b) With an intent to commit a felony." Section 784.03(1), Florida Statutes (1995), provides that "A person commits battery if he: (a) Actually and intentionally touches or strikes another person against the will of the other; or (b) Intentionally causes bodily harm to an individual." Sect...

...Fla. Stat. § 784.07(2). A person commits battery if he: (a) Actually and intentionally touches or strikes another person against the will of the other; or (b) Intentionally causes bodily harm to an individual. Fla. Stat. § 784.03(1)....

...A specific intent crime is one in which a particular intent is a necessary element of the crime itself. Garner v. State, 28 Fla. 113, 9 So. 835 (1891); 21 Am.Jur.2d, Criminal Law § 82 (1965). Accordingly, we must examine our statutes to determine whether intent is an essential element of battery. [1] In Section 784.03, Florida Statutes (1977), the legislature has defined battery as follows: (1) A person commits battery if he: (a) Actually and intentionally touches or strikes another person against the will of the other; or (b) Intentionally causes bodily harm to an individual....

...In contrast, the evidence in Clark revealed that Lynn was "spun" about when Clark's vehicle impacted his truck. 746 So.2d at 1239. The evidence presented in the present case certainly qualifies as intentionally touching another person for purposes of proving a simple battery under section 784.03(1)(a)....

...In Clark's case, there was no evidence of bodily harm or injury to either of the trucks' occupants. See Clark, 746 So.2d at 1239. Thus, the State sought to prove aggravated battery with the "deadly weapon" of his truck. In order to prove aggravated battery, the State must first prove that a simple battery occurred. Section 784.03(1)(a), Florida Statutes (1999), provides: "The offense of battery occurs when a person: 1....

...However, there are other instances, not involving underlying felonies, where conviction and punishment for both a homicide and an attendant felony may not be consistent with logic and justice even though it is consistent with law, section 775.021(4). I refer specifically to crimes such as battery (section 784.03, Florida Statutes), and aggravated battery (section 784.045, Florida Statutes), which directly cause the death of the victim....

...The defendant fled out of the apartment. The tenant chased and caught the defendant who struggled and hit the tenant in the face. On these facts, the defendant was tried, convicted and sentenced for two offenses: burglary with a battery (§ 810.02(2)(a), Fla. Stat.) and battery (§ 784.03, Fla....

So.3d 407, 409 (Fla. 2d DCA 2011). . Compare § 784.03(1), Fla. Stat. (2008) (misdemeanor battery) to

...en court programs, juvenile assessment centers, and other juvenile alternative programs. The rationale used in S.S.M., to justify imposition of the surcharge pursuant to section 938.05, was that the statute assesses this surcharge for a violation of section 784.03 (battery statute), and section 985.03(58) defines "violation of law" or a "delinquent act" as a "violation of any law of this state." [1] This definition comes from Chapter 985, the Chapter which deals with juvenile delinquency....

...The court granted the motion. The following morning, the state asked the court to reconsider its acquittal of defendant on the aggravated battery count pointing out to the court that the crime of "battery" is committed if a person intentionally causes bodily harm to another (Section 784.03(1)(b), Florida Statutes) and that the crime of aggravated battery is committed if in committing a battery a person intentionally or knowingly causes great bodily harm, or uses a deadly weapon (Section 784.045(1)(a)), and that the element of touching or striking "against the will" of the victim is of no consequence unless the state is attempting to prove battery under Section 784.03(1)(a)....

...The government cross-appeals the district court’s refusal to enhance Hill’s term of imprisonment pursuant to the Armed Career Criminal Act (ACCA). It contends that Hill’s prior convictions for battery on a law enforcement officer, in violation of Florida Statutes sections 784.03 and 784.07(2)(b), and resisting an officer with violence, in violation of Florida Statutes section 843.01, constitute violent felonies under the ACCA, see 18 U.S.C....

..., 703 F.3d at 1293. Section 924(e)(2)(B)(i) defines a violent felony as a crime that is punishable 1 We acknowledge that we have previously held that battery on a law enforcement officer, in violation of Florida Statutes sections 784.03 and 784.07(2)(b), and resisting an officer with violence, in violation of Florida Statutes section 843.01, qualified as violent felonies under the ACCA’s residual clause....

...resisting an officer with violence under section 843.01 did not constitute a violent felony under the ACCA. 2 2 The government concedes that Hill’s Florida conviction for battery on a law enforcement officer under Florida Statutes sections 784.03 and 784.07(2)(b) does not categorically constitute a violent felony under the elements clause of the ACCA pursuant to Supreme Court precedent. See Johnson v. United States, 559 U.S. 133, 136–37, 140–42, 130 S. Ct. 1265, 1269, 1271–72 (2010) (concluding that a Florida conviction for battery under section 784.03 is not categorically a violent felony because the elements of the offense are in the disjunctive and the prosecution can prove a battery in one of three ways: that the defendant (1) intentionally caused bodily harm, (2) intentionally s...

...Clearly there were no allegations of any battery, sexual or otherwise, committed on appellee or her two sons. Battery, as provided in Florida law, involves actually and intentionally touching or striking another person against his or her will or intentionally causing bodily harm to another. § 784.03, Fla....

...or of preventing such other from participating 7  In this case, it is undisputed that the store clerk’s allegation of Johnson’s conduct, if true, would constitute a misdemeanor. Fla. Stat. § 784.03....

...4th DCA 1991)). Accordingly, we hold that McNally's acts were not covered by the Fund. AFFIRMED. W. SHARP and GOSHORN, JJ., concur. NOTES [1] We also agree with Mason that there is no difference between the tort of battery and the crime of battery. Compare § 784.03, Fla....

...In determining whether appellant was lawfully arrested, a consideration of appellant's action in shoving the police officer during the attempted, improper initial search is necessary. The jury convicted appellant of battery on a law enforcement officer under section 784.07(2)(b). A person has committed a battery under section 784.03(1)(a) if he "[a]ctually and intentionally touches or strikes another person against the will of the other." Section 784.07(2)(b) reclassifies such a battery, when it has been committed on a law enforcement officer while he "is engaged in the lawful performance of his duties," as a third degree felony. Although we conclude that the officer was not "engaged in the lawful performance of his duties" when he initially searched appellant, it is clear from the record that appellant intentionally struck the officer in violation of section 784.03(1)(a) during that encounter. Therefore, although the conviction for battery on a law enforcement officer is also clearly affirmable based on appellant's battery on the officer after the subsequent chase, there was nevertheless prima facie evidence of a simple battery under 784.03(1)(a) on the officer during the initial encounter to warrant the officer's subsequent actions in chasing, arresting, and ultimately searching appellant....

...Rodriguez was convicted, we must reverse her convictions. See F.B. v. State, 852 So.2d 226, 230-31 (Fla.2003). While the evidence did not prove that there was an unlawful battery on a law enforcement officer under section 784.07, it did establish the lesser included crime of simple battery under section 784.03(1)....

...Rodriguez is free to argue any of them, if applicable, on remand. CONCLUSION We reverse Mrs. Rodriguez's conviction for battery on a law enforcement officer and remand to the circuit court to enter a conviction for the lesser included offense of battery under section 784.03(1)....

...See Ch. 88-131, §§ 6, 9, Laws of Fla. In the 1989 Florida Statutes, however, the legislature failed to delete references to section 775.084 in providing punishments for specified misdemeanors. See, e.g., Section 784.011(2), Fla. Stat. (1989) (assault), Section 784.03(2), Fla....

...ney or other property. § 812.13, Fla. Stat. (1991). The statutory elements of battery are: an actual and intentional touching or striking of another person against the will of the other person; or intentionally causing bodily harm to an individual. § 784.03(1), Fla....

third-degree felony battery in violation of Fla. Stat. § 784.03; and (4) felony battery causing great bodily harm

...Several neighbors came to the wife's rescue and restrained the defendant from any further attack on the wife. The defendant was charged by information in two counts with: (1) burglary in violation of Section 810.02, Florida Statutes (1975), and (2) battery in violation of Section 784.03, Florida Statutes (1975)....

...State, 573 So.2d 813, 815 (Fla.1991), is instructive: Under this statutory interpretation, the punishment for battery increases as the degree of actual injury or potential for serious injury becomes greater. For example, a simple battery without the use of a deadly weapon is a first-degree misdemeanor (section 784.03); a simple battery involving the use of a deadly weapon is a second-degree felony (statutory redefined by section 784.045(1)(b) [now 784.045(1)(1)(2)] as aggravated battery); aggravated battery causing great bodily harm is a second-deg...

...consider the matter in light of this opinion. Appellant also argues the trial court erred when it sentenced him to concurrent terms of five years drug offender probation on the battery on a law enforcement officer offense (count III), a violation of section 784.03(1)(b), resisting arrest with violence offense (count IV), a violation of section 843.01, and criminal mischief offense (count V), a violation of section 806.13(1)(a), because these are not section 893.13 enumerated offenses as set forth in section 948.034(2), Florida Statutes (Supp....

...Affirmed in part, reversed in part, and remanded. CAMPBELL, C.J., and RYDER, J., concur. NOTES [1] § 787.01, Fla. Stat. (1985). [2] § 794.011(3), Fla. Stat. (1985). [3] § 794.011(4)(b), Fla. Stat. (1985). [4] § 794.011(4)(a), Fla. Stat. (1985). [5] § 784.03, Fla....

involve the threat or use of force or violence. § 784.03(1), Fla. Stat. (2006); Hearns, 961 So.2d at 218

...Battery on a Law Enforcement Officer In Florida, a person commits a battery if he: “(1) Actually and intentionally touches or strikes another person against the will of the other; or (2) Intentionally causes bodily harm to another person.” Fla. Stat. § 784.03(1)(a)....

...nd intentionally . . . strik[ing]” the victim, or (3) “[i]ntentionally caus[ing] bodily 20  Case: 10-12094 Date Filed: 02/22/2013 Page: 21 of 28 harm” to the victim, Fla. Stat. § 784.03(1)(a), it did not necessarily include as an element the use of “violent force—that is, force capable of causing physical pain or injury to another person.” Johnson, 130 S....

...*1263 guilty of battery and resentence him accordingly. Reversed. CASANUEVA and STRINGER, JJ., Concur. NOTES [1] Simple battery occurs when a person actually and intentionally touches or strikes another person against the will of the other or intentionally causes bodily harm to another person. See § 784.03(1)(a), Fla....

...Appellant also contends that, with regard to the aggravated battery conviction, the requirement of a touching or striking of the person has not been met, since appellant struck only the vehicle in which the trooper was riding and not the trooper's person. See § 784.03 and 784.045, Fla....

Florida Statutes; and battery in violation of section 784.03, Florida Statutes. Haynes entered a negotiated

"[i]ntentionally causes bodily harm to another person." § 784.03(1)(a), Fla. Stat. (2005). The definition of felony

...Appellant Charles Lee Radford filed this appeal from his conviction and sentence for the felony offense of battery of a law enforcement officer under Section 784.07(2), Florida Statutes (1977). He contends that the information filed against him charged only simple battery, a misdemeanor under Section 784.03, Florida Statutes, and, therefore, the circuit court did not have jurisdiction over the offense, and the judgment of conviction of a felony and eighteen-month sentence are void....

...commit battery upon THOMAS BOYSEN, a Deputy Sheriff of Charlotte County, while acting in the capacity of his official duties, by actually and intentionally touching or striking said person against said person's will, in violation of Florida Statute 784.03." The felony battery statute is 784.07(2) which provides in pertinent part as follows: "Whenever any person is charged with knowingly committing ......

...battery upon a law enforcement officer . . while the officer ... is engaged in the lawful performance of his duties, the offense for which the person is charged shall be ... a felony of the third degree." (Emphasis supplied). The misdemeanor battery statute is 784.03. In pertinent part 784.03 reads as follows: "(1) A person commits battery if he: (a) Actually and intentionally touches or strikes another *1304 person against the will of the other; or (b) Intentionally causes bodily harm to an individual....

...no essential element should be left to inference. State v. Dye, 346 So.2d 538 (Fla. 1977). In addition the information concludes with the usual reference to the pertinent statutory section which in this case alleges "in violation of Florida Statute 784.03," which is the misdemeanor statute....

...Startled, the man got off Bloch, left the bedroom and walked out the front door. Rohan was arrested and charged with crimes arising from both incidents. For the Roque incident, he was charged with burglary with an assault or battery under section 810.02(2), Florida Statutes (1995)(first degree burglary), and battery under section 784.03, Florida Statutes (1995)....

...If lewd assault is a necessarily lesser included offense of sexual battery on a child eleven years or younger, then it would be only one step removed from the crime charged, so the failure to instruct on simple battery, a first degree misdemeanor under section 784.03 and thus two steps removed, would be harmless error because it is not logical to conclude that having had the opportunity to convict the defendant of the next lower crime, and having rejected that choice, it would have reached down to convict of an even lower crime....

...The "assault" crime proscribed by Section 800.04 includes the elements of assault and battery, whether defined at common law or by statute. Carver v. State, 344 So.2d 1328 (Fla. 1st DCA), cert. denied, 352 So.2d 174 (Fla. 1977). Neither assault, § 784.011, Fla. Stat. (1981), nor battery, § 784.03, Fla....

conviction for simple battery-under Florida Statute - § 784.03 satisfied the elements clause of the Armed Career

...ated in section 776.08 and does not amount to "the use or threat of use of physical force or violence" as provided by that section. [1] Battery is a qualifying offense where the defendant struck or intentionally caused bodily harm to another person. § 784.03(1)(a)1, 2, Fla....

...a Statutes (1987). He raises two points on appeal. Addressing appellant's first point, we find no error in the trial court's denial of appellant's requested jury instructions based on child abuse under section 827.04(1) and culpable negligence under section 784.03, Florida Statutes....

...The order also required the parents of both the defendant and the victim to attend the arbitration sessions. [2] On June 11, defendant filed a notice of appeal to this Court. The defendant raises basically two points on appeal. His first argument is that the criminal count of battery, as described in Section 784.03, Florida Statutes (1981), is not intended to proscribe or punish harmless child's play which does not cause injury. While we agree that defendant's conduct in this case is more properly dealt with outside the context of criminal law, we cannot impose our preferences on the discretion of the trial judge, particularly in light of the clear language of Section 784.03, *206 which states that a person commits criminal battery if he "actually and intentionally touches or strikes another person against the will of the other." The defendant has not referred us to any case law holding that the degree of injury caused by an intentional touching is relevant to determining whether a criminal battery has been committed; rather, it is clear from Section 784.03 that any intentional touching of another person against such person's will is technically a criminal battery....

...f Aggravated Stalking [as to Susan Bollinger and Jason Bollinger in violation of Fla. Stat. § 784.048(3)] in Osceola County, Florida.... 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 Malmsberry and Cindy Cole, in violation of Fla....

...the target of the threat to reasonably fear for his or her safety. The threat must be against the life of, or a threat to cause bodily injury to, a person. See Fla. Standard Crim. Jury Instruction No. 122. To prove battery in violation of Fla Stat. § 784.03, the government must show that: 1.) the defendant intentionally touched or struck the victim against his or her will; or 2.) the defendant intentionally caused bodily harm to the victim....

...nquency of a Minor (but not as to Battery). Docket No. 75 at 155—60. The Court permitted the dismissal. Id. In conclusion, the Court finds by a preponderance of the evidence that Malmsberry committed battery on Cindy Brown in violation of Fla Stat. § 784.03....

...ed Stalking of Susan and Jason Bollinger in violation of Fla. Stat. § 784.048(3) on or about February 4, 2001; 2.) violated the general condition that he not commit another state crime by committing Battery on Cindy Brown in violation of Fla. Stat. § 784.03 on or about December 15, 2000; 3.) violated Condition 11 of the Standard Conditions by not reporting to his probation officer within 72 hours that he was questioned by Palm Bay Police Officer Chris Van Zandt on December 15, 2000 about batte...

...State, we find that the constitutionality of the statute should not be addressed *934 in this case. 810 So.2d 1072 (Fla. 4th DCA 2002) (recognizing that battery is a general intent crime). The element of intent in felony battery is identical to simple battery. Compare § 784.041(1) with § 784.03(1)(a), Fla....

...ory requirement of well founded fear. Referring once more to the Brown analysis, simple battery, and aggravated battery, jury charges were also erroneously omitted. Again examining Count I, the charge of attempted murder by shooting, includes either § 784.03(1)(a) or § 784.03(1)(b) and § 784.045. The victim was struck by the bullet which caused him bodily harm. Once again, going to the transcript, overwhelming evidence establishes the actual and intentional striking by a bullet sufficient to satisfy § 784.03 and § 784.045....

without the permission of certain authorities (§ 784); (3) requires reciprocity in order for an alien to

...ly a nonviolent, albeit unwanted, touching, and need "not `involve the use or threat of use of physical force or violence.'" Hearns, 961 So.2d at 213. See also id. at 219-20; D.C. v. State, 436 So.2d 203, 206 (Fla. 1st DCA 1983) ("[I]t is clear from Section 784.03 that any intentional touching of another person against such person's will is technically a criminal battery."); L.D....

...e aforesaid, did unlawfully, feloniously, and knowingly commit battery upon a person sixty-five (65) years of age or older, to wit: Junior Horn by actually and intentionally touching or striking said person against said person's will in violation of § 784.03 and § 784.08(2)(c) and § 775.087, Fla....

...At sentencing, over the objection of her attorney, the trial judge assessed a "784 surcharge" against S.S.M. The "784 surcharge" is a statutorily mandated cost of $201 imposed by the court in addition to "any sanction imposed for a violation of ... s. 784.03...." § 938.08, Fla....

...statute applies, it should not be considered an exception to section 985.221 generally prohibiting the imposition of court fees against juvenile offenders. The State responds that section 938.08 imposes the surcharge on any defendant who "violates" section 784.03 without exception for juveniles....

...The State also argues that because section 938.08 is a more recent enactment than section 985.221, it should prevail. We believe that a plain reading of section 938.08 supports the cost assessment in a juvenile proceeding. Section 938.08 states that a fee be assessed for "a violation of... s. 784.03...." § 938.08, Fla....

...y incarceration if the violation were committed by an adult." § 985.03, Fla. Stat. (2004) (emphasis added). Clearly, under section 985.03(58), a "delinquent act" is defined as a "violation of law." A "violation of law," specifically, a violation of section 784.03, is the necessary predicate for the imposition of the $201 surcharge....

...es are passed by the Legislature with the knowledge of prior existing laws. Oldham v. Rooks, 361 So.2d 140, 143 (Fla.1978); J.A. v. State, 633 So.2d 108, 110 (Fla. 2d DCA 1994). Here, section 938.08, requiring the $201 surcharge for a "violation" of section 784.03, would prevail because it was passed in 2001, while section 985.221 was last updated in 1997. We presume that the Legislature was aware of the latter statute when passing the former. AFFIRMED. PLEUS and TORPY, JJ., concur. NOTES [1] Section 784.03, Florida Statutes (2004), codifies the crime of battery.

striking of another person against their will. § 784.03(l)(a)l., Fla. Stat. (2012). While the former husband

...d offense. If, by creating a separate, more specific, offense, such as a battery with a deadly weapon (§ 784.045(1)(b), Fla. Stat.), the legislature intended to carve that more specific offense out of a more general offense, such as simple battery (§ 784.03(1), Fla....

...or merely two distinct batteries on the same victim) because there was but a single entry. Battery, like manslaughter, is squarely within the scope of this state's regulation. And, without doubt, the state could have prosecuted both batteries under section 784.03....

...ilty of any attempted homicide. Thus, attempted manslaughter and aggravated battery are mutually exclusive crimes. Our determination that the crimes of attempted manslaughter and aggravated battery are mutually exclusive is supported by a reading of section 784.03, Florida Statutes (1985), which defines the crime of battery as follows: Battery....

...He was beaten by several members of the association, including Michael Earl Dobbins, appellant herein. During the beating, Dobbins and others made such statements as "Jew boy," and "Die Jew boy." Dobbins was tried and convicted under the battery statute (Fla. Stat. 784.03(1)(a)) and sentenced under the enhancement provisions of the hate crime statute (Fla....

...ommits 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. § 784.045(1)(a)1-2, Fla. Stat. (1995). Battery is defined as: 784.03 Battery.- (1) A person commits battery if he: (a) Actually and intentionally touches or strikes another person against the will of the other; or (b) Intentionally causes bodily harm to an individual. § 784.03(1)(a)-(b), Fla....

...The appellant, George Bass, argues that the trial court erred in sentencing him. We affirm in part and reverse in part. On February 6, 1985, appellant was charged with burglary, a violation of section 810.02, Florida Statutes (1985), and battery, a violation of section 784.03, Florida Statutes (1985)....

...nally, without legal justification or excuse." [3] Battery, a misdemeanor, occurs when a person "[a]ctually and intentionally touches or strikes another person against the will of the other" or "[i]ntentionally causes bodily harm to another person." § 784.03(1), Fla....

lesser included offense of battery pursuant to section 784.03(1), Florida Statutes. . See § 776.012, Fla

...Having been informed of the battery and seeing evidence of the wife's bodily harm, the officers arrested the appellant, Mr. LeBlanc. The arrest was performed without a warrant pursuant to the authority granted under this specific circumstance by section 901.15(6). Appellant was subsequently convicted of spouse battery, section 784.03(1)(a), Florida Statutes (1977), and resisting arrest without violence, section 843.02, Florida Statutes (1977)....

...We have jurisdiction. State v. Pettis, 520 So.2d 250 (Fla.1988). Finding that the order on review departs from the essential requirements of law, [1] we grant the writ and quash the order. Clyatt was charged by information with felony battery pursuant to section 784.03(2), Florida Statutes (2007), [2] for *1183 touching or striking Candi Hoerner against her will....

...through the testimony of its third-party witnesses. The State elected to prosecute. To prove its case, the State must introduce evidence sufficient to convince a jury beyond a reasonable doubt that Clyatt touched or struck Hoerner against her will. § 784.03(1)(a)1....

...Although the standard of review compels a finding that the court departed from the essential requirements of the law, recitation of this standard (as is often the case) should not be viewed as a poor reflection on the capability of the trial judge, or his handling of this case. [2] Section 784.03(2) defines simple battery as a third degree felony for any defendant with a prior battery conviction. [3] Simple battery can also be established with proof that a defendant intentionally caused bodily harm to another person. See § 784.03(1)(a)2.

...The knife blade went through the bag, puncturing several of the checks and deposit slips which were inside. The victim used the bag for *1098 protection and only the bag prevented the knife from entering victim's chest. The applicable 1981 Florida Statutes provide in relevant part as follows: "784.03 Battery....

...The state contends and we agree that under the facts of this case the victim was subjected against his will to an intentional touching by Malczewski. See Grant v. State, 363 So.2d 1063 (Fla. 1978). The issue before us is whether the language of Florida's battery statute, section 784.03(1)(a), particularly the words, "[a]ctually ......

...Sudderth, 184 N.C. 753, 114 S.E. 828 (1922); Reese v. State, 3 Tenn. Cr.App. 97, 457 S.W.2d 877 (1970). Considering the above-quoted authorities and case law on the subject of the crime of battery, we hold that the word "person" in our state's battery statute, section 784.03(1)(a), means person or anything intimately connected with the person. Applying this definition of "person" to the facts of this case, we submit that it would be an overly restrictive construction of section 784.03(1)(a) to decide that the money bag which Reeder clutched to his chest to protect himself from a serious injury or death, when Malczewski "actually" stabbed it with a knife during his attack, was not a part of Reeder's "person" as contemplated by the statute....

...crimes. It may be argued that the finder of fact should not be required to "measure" the degree of force or violence used in the robbery, but such is the task assigned to it when it must determine whether a defendant *1215 is guilty of battery under section 784.03 or aggravated battery under section 784.045....

...Wimberly, 498 So.2d 929, 932 (Fla. 1986). Pursuant to the Schedule of Lesser Included Offenses in Florida Standard Jury Instructions (Criminal), the category 1 or "necessarily," lesser included offenses of subsection (3) sexual battery are: (1) battery, in violation of section 784.03, Florida Statutes; [3] and (2) sexual battery, in violation of section 794.011(5), Florida Statutes....

...s a necessarily included offense or a lesser included offense of the offense charged in the indictment or information and is supported by the evidence. The judge shall not instruct on any lesser included offense as to which there is no evidence. [3] s. 784.03, Fla....

...The State responds that competent, substantial evidence supports the jury verdicts because both victims testified he touched them against their will. The State is correct. Misdemeanor battery occurred when Rosen intentionally touched the victims against their will. § 784.03(1), Fla....

...The instructions' failure to require findings of the essential elements of Rosen's and A.H.'s age did not constitute fundamental error. Accordingly, we AFFIRM the convictions and sentences. MONACO and EVANDER, JJ., concur. NOTES [1] § 800.04(5)-(6), Fla. Stat. (2000). [2] § 784.03, Fla....

...n a conviction. Id. at 803 (citations omitted). The elements of battery are met 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." § 784.03(1)(a), Fla....

...on. (2) Whoever commits aggravated battery shall be guilty of a felony of the second degree, punishable as provided in § 775.082, § 775.083, or § 775.084. This statute refers to the general battery statute in its definition. Battery is defined in Section 784.03, Florida Statutes (1981): 784.03 Battery (1) A person commits battery if he: (a) Actually and intentionally touches or strikes another person against the will of the other; or (b) Intentionally causes bodily harm to an individual....

...ndment, does not include the unborn. This is in accord with the results reached in those few cases where the issue has been squarely presented. [Citations omitted, emphasis supplied.] In conclusion, we hold that the word "person" as used in Sections 784.03 and 784.045, the Florida battery statutes, does not include the unborn fetus....

...both crimes. It may be argued that the finder of fact should not be required to "measure" the degree of force or violence used in the robbery, but such is the task assigned to it when it must determine whether a defendant is guilty of battery under section 784.03 or aggravated battery under section 784.045....

...COWART, J., dissents with opinion. COWART, Judge, dissenting. I. THE QUESTION: The legal question in this case is: When an accused is charged with the offense of robbery (§ 812.13, Fla. Stat.) and also some other offense involving violence, such as battery (§ 784.03, Fla....

...Use of Force or Intimidation in Retaining Property or In Attempting to Escape, Rather Than in Taking Property, as Element of Robbery, 94 A.L.R.3d 643 (1979). Common law larceny and statutory theft (§ 812.014, Fla. Stat.) are strictly crimes against property alone. Assault (§ 784.011, Fla. Stat.) and battery (§ 784.03, Fla....

...r another, or extortion or some other offense against the person. If the force or violence used in a particular robbery to accomplish a taking would, independent of the taking of property, constitute the separate offense of battery, as prohibited by section 784.03, Florida Statutes, then the constiuent elements of the separate crime of battery are, included in, and "subsumed by" [17] the robbery offense....

...Accordingly, the convictions for both battery *716 and lewd lascivious assault cannot stand since they arise from the same incident. Hightower. In addition, the defendant here was convicted of battery, as a lesser-included offense of sexual battery. § 784.03, Florida Statutes (1991)....

...[12] The question is whether there is sufficient evidence to support conviction on that charge. Insofar as pertinent here, "[a] person commits battery if he ... [a]ctually and intentionally touches ... another person against the will of the other... ." § 784.03, Fla....

...Cleveland Spradley, Jr. appeals from final judgments and sentences by which he was convicted and sentenced, pursuant to jury trial, for: (1) burglary with a battery, in violation of Section 810.02(2)(a), Florida Statutes; [1] (2) battery, in violation of Section *1059 784.03, Florida Statutes; and (3) petit theft, in violation of Section 812.014, Florida Statutes....

...t factors. 515 So.2d at 167. In the instant case, appellant was convicted and sentenced for the first degree felony of burglary with a battery, in violation of Section 810.02(2)(a), and the first degree misdemeanor of simple battery, in violation of Section 784.03. Unlike the Missouri Legislature in Hunter, the legislature in our case has not made it "crystal clear" that it intended to convict and punish a defendant for both a simple battery under Section 784.03, and burglary under Section 810.02(2)(a), which is enhanced to a first degree felony punishable by life by reason of the commission of the battery....

...dly weapon. See § 784.045(1)(a), Fla. Stat. (1997). "Battery" occurs when a person either "actually and intentionally touches or strikes" another person against that person's will or intentionally causes bodily harm or injury to another person. See § 784.03(1)(a), Fla....

...ost. In addition, there is no dispute that the appellant's truck can constitute a "deadly weapon." See Williamson v. State, 92 Fla. 980, 111 So. 124 (1926). Thus, the issue is whether the instant case involved a touching of the victim's person under section 784.03(1)(a) so as to constitute a battery....

...As this court has held, under the battery statute the degree of injury caused by an intentional touching is not relevant and " any intentional touching of another person against such person's will is technically a criminal battery." D.C. v. State, 436 So.2d 203, 206 (Fla. 1st DCA 1983). Further, under section 784.03(1)(a) "there *1240 need not be an actual touching of the victim's person in order for a battery to occur, but only a touching of something intimately connected with the victim's body." Malczewski v....

...And considering that touching is required, the statute read in its entirety convinces me to conclude that the legislature intended that, for aggravated battery, the weapon must touch the victim. There are three different degrees of battery, and they all require contact. Under section 784.03(1)(a)1, a person who "intentionally touches or strikes another person against the will of the other" commits a battery which is a misdemeanor....

...demonstrate that the lesser offense is included in the offense charged. State v. Von Deck, 607 So.2d 1388 (Fla.1992). The elements of battery are: (1) actually and intentionally touching or striking another person (2) against the will of the other. § 784.03(1)(a)(1), Fla....

...(1981)) punishable under § 775.082(4)(b), Fla. Stat. (1981) by imprisonment not exceeding 60 days and under § 775.083(1)(e), Fla. Stat. (1981) by a fine not exceeding $500. The battery conviction under Count III is a misdemeanor of the first degree (§ 784.03(2), Fla....

...an 30; "(b) For a felony of the first degree, by a term of imprisonment not exceeding 30 years or, when specifically provided by statute, by imprisonment for a term of years not exceeding life imprisonment." [4] Id. [5] § 794.011(5), Fla. Stat. [6] § 784.03, Fla....

...is engaged in the lawful performance of his duties... ." § 784.07, Fla. Stat. (1983). A person commits a battery if he "(a) actually and intentionally touches or strikes another person against the will of the other; or (b) intentionally causes bodily harm to an individual." § 784.03(1), Fla....

reclassified from a first-degree misdemeanor, see § 784.03(l)(b), Fla. Stat. (2007), to a third-degree felony

...There is no issue of consent of indecent act. I'm not going to give it.... Well, battery is not a lesser, obviously, because there was no touching." The elements of battery are actually and intentionally touching or striking another person against the will of that person. Fla. Stat. § 784.03 (1991)....

...icer Victor Pacheco, who was dismounting his bicycle while attempting to flag Jenkins down, that Jenkins' vehicle struck the bicycle, which in turn was propelled onto Officer Pacheco, causing a slight abrasion to his leg. Jenkins contends that under section 784.03, Florida Statutes (2002), battery may consist merely of an unwanted touching and does not necessarily involve either the use or threat of physical force or violence, as required by the catch-all provision of the PRR statute. In the alternative, Jenkins claims that battery can be a qualifying offense only if the jury finds an intent to harm; I agree with both arguments. Section 784.03 provides, in pertinent part: (1)(a) The offense of battery occurs when a person: 1....

...wever, the jury must have specifically found that the defendant violated that subsection. In this case, the jury found Jenkins guilty of battery under a general verdict that did not distinguish between subsections (a)(1) and (a)(2). I. Battery under Section 784.03(1)(a)(1) Because the statutory elements of battery under subsection (1)(a)(1) do not require proof that the offensive touching involved "physical force or violence," it cannot be a qualifying offense for PRR sentencing....

...e defense of self-defense. Under the Perkins reasoning, the identical language in the PRR Act means that the elements of a qualifying third-degree felony must encompass the use or threat of physical force or violence. Because unwanted touching under section 784.03(1)(a)(1) may not necessarily be a violent act, it cannot be a qualifying offense for PRR sentencing. [1] II. Battery under Section 784.03(1)(a)(2) On the other hand, battery by intentionally causing bodily harm to an individual necessarily involves the use of physical force or violence; hence, a violation of section 784.03(1)(a)(2) is a qualifying conviction under the PRR catch-all provision....

...PRR mandatory minimum, based upon Jenkins' "use or threat of physical force or violence." The state, however, charged Jenkins in the amended information with "intentionally touching or striking Victor Pacheco" with his car, which is the language of section 784.03(1)(a)(1), rather than (1)(a)(2)....

...t Jenkins "intentionally touched or struck Victor Pacheco against his will," and that *1020 when Jenkins' car hit Officer Pacheco's bicycle, "that is the intentional touching against Officer Pacheco's will," which is, again, the language provided in section 784.03(1)(a)(1)....

...efendant guilty of Battery on a Law Enforcement Officer." There were no subcategories of battery provided on the forms to the jury; therefore, at sentencing, the trial court, in my judgment, was not permitted to assume that Jenkins' conduct violated section 784.03(1)(a)(2), rather than (1)(a)(1)....

...for reh'g) (holding that Johnson's conviction for battery by spitting on an LEO was not a qualifying offense under the violent-career-criminal provision, section 775.084(1)(d)(1)(a), Florida Statutes (2001), because even though spitting is an unwanted touching, and thus a battery under section 784.03(1)(a)(1), spitting is not a forcible felony involving "the use or threat of use of physical force or violence" under section 776.08).

...t officer in the absence of a simple battery instruction. We do not consider Diaz controlling, however, because the issue was not preserved in that case. [3] The Blockburger test is codified at Section 775.021(4)(a), Florida Statutes (1989). [4] See § 784.03(1) & 784.07, Fla....

...Koller, Assistant Attorney General, Daytona Beach, for Appellee. PALMER, J. Natalie Nicolosi ("Nicolosi") appeals her judgment and sentence which were imposed by the trial court after a jury found her guilty of committing the crime of battery on a law enforcement officer in violation of sections 784.03(1)(a) 1....

...Given the absence of evidence that the officer was engaged in a lawful duty at the time of the battery, we must reverse the judgment of guilt as to the offense of battery on a law enforcement officer, and remand with instruction to impose a judgment and sentence for simple misdemeanor battery. See § 784.03(1)(a) 1....

...Likewise, a defendant should not be convicted of both aggravated battery under section 784.045(1)(b), Florida Statutes, which requires the use of a firearm or other deadly weapon, and the use of a firearm while committing a felony, under section 790.07(2), Florida Statutes. Battery under section 784.03, Florida Statutes, becomes the enhanced offense of aggravated battery under section 784.045(1)(b), Florida Statutes, by reason of the use of a deadly weapon....

...State, 724 So.2d 1176 (Fla.1998). Casselman also argues that all the elements of assault on a law enforcement officer and battery on a law enforcement officer are contained in the statute which addresses resisting an officer with violence. See §§ 784.07 (a)(2)(a); 784.011; 784.03; 784.07(2)(b) and 843.01, Fla.Stat....

...State, 583 So.2d 1106 (Fla. 2d DCA 1991). See also Whitehead v. State, 446 So.2d 194 (Fla. 4th DCA 1984); Reynolds v. State, 429 So.2d 1331, 1333 (Fla. 5th DCA 1983). AFFIRMED in part; REVERSED in part; REMANDED for Resentencing. DAUKSCH and PLEUS, JJ., concur. NOTES [1] §§ 784.03, 784.07(2)(b), Fla.Stat. (1997). [2] § 843.01, Fla.Stat. (1997). [3] §§ 784.011, 784.07(2), Fla.Stat. (1997). [4] § 918.13(1)(a), Fla.Stat. (1997). [5] Hernandez v. State, 569 So.2d 938 (Fla. 3d DCA 1990); Ramirez v. State, 371 So.2d 1063 (Fla. 3d DCA 1979). [6] Section 784.03 provides: (1)(a) The offense of battery occurs when a person: 1....

...ent. QUINCE, J. We have for review a decision of the First District Court of Appeal on the following question certified to be of great public importance: CAN A CONVICTION FOR AGGRAVATED BATTERY SERVE AS A PRIOR CONVICTION FOR BATTERY FOR PURPOSES OF SECTION 784.03(2), FLORIDA STATUTES? See State v....

...We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. For the reasons that follow, we answer the certified question in the affirmative. STATEMENT OF CASE AND FACTS Johann Warren (Warren) was charged by information with one count of felony battery pursuant to section 784.03(2), Florida Statutes (1997). Section 784.03 provides: 784.03 Battery; felony battery.— (1)(a) The offense of battery occurs when a person: 1....

...The State Attorney appealed the circuit court's dismissal to the First District Court of Appeal. The First District affirmed and certified this question as one of great public importance: CAN A CONVICTION FOR AGGRAVATED BATTERY SERVE AS A PRIOR CONVICTION FOR BATTERY FOR PURPOSES OF SECTION 784.03(2), FLORIDA STATUTES? See State v. Warren, 755 So.2d at 147. The district court noted the Legislature's placement of the definitions of battery and felony battery in the same section of chapter 784, Florida Statutes, (section 784.03), but further noted that the definition of aggravated battery is placed in a separate section, 784.045, Florida Statutes (1997). Therefore, that court reasoned, the Legislature intended the term battery, as used throughout the statute, to denote only misdemeanor battery and that misdemeanor battery is the only battery that could be used for reclassification under section 784.03(2)....

...re favorable to the accused." Warren, 755 So.2d at 147. The court also certified the question that we now consider. DISCUSSION The State contends the district court erred in affirming the circuit court's interpretation of the felony battery statute, section 784.03(2)....

...great bodily injury or where a deadly weapon is used. An aggravated battery is a battery. We agree with Judge Kahn's dissent below, in which he noted that by inserting the term "simple" before battery, the trial court and the district court rewrote section 784.03(2)....

...whether simple or aggravated. In this case, the defendant was previously convicted of both a battery and an aggravated battery. Exclusion of Warren's prior conviction for aggravated battery from the "two prior convictions for battery" requirement in section 784.03(2) would allow him to receive the same punishment, after having committed both a simple battery and a battery where he either seriously injured someone or used a deadly weapon, as a person who had only committed a simple battery....

...Siebold, 48 So.2d 291, 294 (Fla.1950)). We find that the language complained of is not ambiguous. Warren's aggravated battery conviction does qualify as a prior conviction for battery and makes him eligible to be properly charged with felony battery pursuant to section 784.03(2)....

...In Linehan we receded from Russell only "[t]o the extent that Russell ... may appear to be inconsistent with our present holding." Linehan at 251. Russell was inconsistent with Linehan to the extent that " Russell found that the inclusion of the word `intentionally' in section 784.03, Florida Statutes (1977), made battery a specific intent crime to which voluntary intoxication was a defense." Linehan at 251....

...We affirm not only the judgment for burglary but also the sentence because the battery reversal does not affect the recommended guideline score. Affirmed in part; reversed in part. RYDER, A.C.J., and ALTENBERND, J., concur. NOTES [1] §§ 810.02(1) and (2)(a), Fla. Stat. (1991). [2] § 784.03, Fla....

...Appellant was tried by a jury and found guilty of aggravated battery. § 784.045(1)(a), Fla. Stat. (1979). On appeal, he argues the trial court erred in denying his motion for judgment of acquittal, arguing that the evidence only supported simple battery. § 784.03, Fla....

...ace, and tried to pull the trigger. This evidence was sufficient to establish the elements of attempted aggravated battery—that Blandin attempted to use a deadly weapon to actually and intentionally touch or strike the officer against his will. See § 784.03, .045....

...WARNER, C.J., STEVENSON, J., and OFTEDAL, RICHARD, Associate Judge, concur. NOTES [1] The offense of battery occurs when a person actually and intentionally touches or strikes another person against the will of the other or intentionally causes bodily harm to another person. See § 784.03(1)(a), Fla....

..., expressly requires that the prohibited act be done "wantonly or maliciously." Relying on Golden v. State, *771 120 So.2d 651 (Fla.1st DCA 1960), appellant argues that this requirement, and the specific intent necessary to establish a battery under § 784.03, Florida Statutes, are mutually exclusive elements such that both statutes may not be violated by a single act....

...tery was defective. The court has studied the Ferrell decision. The court there was confronted with an Information containing two counts, each related to the underlying crime of battery. The only distinction which may be significant is the fact that Section 784.03, Florida Statutes (1977), provides that battery may be committed in two different ways, whereas Section 784.011 gives a single definition of assault....

causes bodily harm to another person." Fla. Stat.§ 784.03(1)(a). Under Florida civil law, battery "consists

...him; and (4) the Miami-Dade County Miranda Form, which was used to inform the defendant of his rights was legally insufficient. We affirm. BACKGROUND INFORMATION The defendant was charged with one count of battery evidencing prejudice under sections 784.03 and 775.085, Florida Statutes (2002), for an incident that occurred at a convenience store in Cutler Ridge....

...rooks and additionally found that the battery was motivated by the defendant's racial prejudice. The trial court sentenced the defendant as a habitual violent offender to seven years imprisonment with a mandatory minimum of five years under sections 784.03, 775.085, and 775.084(4), Florida Statutes (2002)....

...the jury on an alternative theory of battery that was not charged in the information. He argues that fundamental error occurred because it is impossible to determine whether he was convicted under the charged or the uncharged theory of the offense. Section 784.03, provides two alternative ways in which a battery may be committed: (1) by actually and intentionally touching or striking another person against his will; or (2) intentionally causing bodily harm to another person. In this case, the information charged the defendant with committing a battery upon Middlebrooks by "actually and intentionally touching or striking him," as provided in section 784.03(1)(a)1....

...two counts of resisting an officer with violence and two counts of carrying a concealed firearm. Count four of the amended information charged that "Cox, on the 3rd day of March, 1987, in said county and state, did, in violation of Florida Statutes 784.03 and 784.07, knowingly commit a battery upon a law enforcement officer, Jan A....

...The sentence is reversed and this cause remanded for resentencing. 448 So.2d at 541. See also Blackwelder v. State, 476 So.2d 280 (Fla. 2d DCA 1985); Smith v. State, 475 So.2d 1336 (Fla. 2d DCA 1985). In the present case, Cox was charged with battery on a law enforcement officer pursuant to section 784.03, Florida Statutes (1987) and section 784.07, Florida Statutes (1987), which provides in part as follows: (2) Whenever any person is charged with knowingly committing an assault or battery upon a law enforcement officer ......

...We therefore reverse the dismissal order on counts 3 and 4 to the extent that counts 3 and 4 allege violent conduct by the defendant after the officer informed him that he was under arrest. We also conclude that we must reverse the dismissal of counts 1 and 2, simple battery. The elements of simple battery are: 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. § 784.03(1)(a), Fla....

...PRR sentencing. The trial court denied his motion. We reverse. Simple battery is defined as "actually and intentionally touch[ing] or strik[ing] another person against the will of the other; or intentionally caus[ing] bodily harm to another person." § 784.03(1)(a), Fla. Stat. (2006). Although this offense is ordinarily punishable as a misdemeanor, a second violation is punished as a felony. § 784.03(2), Fla....

...tute, he concluded that `[u]nder the Perkins reasoning, the identical language in the PRR Act means that the elements of a qualifying third-degree felony must encompass the use or threat of physical force or violence. Because unwanted touching under section 784.03(1)(a)(1) may not necessarily be a violent act, it cannot be a qualifying offense for PRR sentencing.' We agree with Judge Ervin's assessment." [c.o.] 961 So.2d at 217-18. The Court further added: "In applying the Perkins test, we analyze the elements of the battery statute from which BOLEO derives its conduct element. Section 784.03 defines battery as (a) actually and intentionally touching or striking another person against the will of the other; or (b) intentionally causing bodily harm to an individual....

...parison with sexual battery, relatively minor. A hypothetical will serve to illustrate the point. Assume that an 18-year old young man intentionally touched a 17-year old young man against the will of the latter. Such would be a simple battery under Section 784.03(1)(a), Florida Statutes....

...dant to sex offender probation conditions when he pled no contest to an attempted lewd act upon a child. Judgment and Sentence on attempted sexual battery AFFIRMED. Judgment and Sentence on battery REVERSED. GRIFFIN and PLEUS, JJ., concur. NOTES [1] Section 784.03 of the Florida Statutes (1999), defines the crime of battery as follows: 784.03 Battery; felony battery....

...guidelines. Thus a Florida conviction for aggravated battery on a pregnant woman is not a categorical crime of violence for sentencing guidelines purposes. The district court correctly used the modified categorical approach instead. 6 Fla. Stat. 784.03(1)(a). 7 State v....

...Here, based on the undisputed evidence, and therefore inherently established at least by a preponderance of the evidence, it is clear that at some point after Officer Bushing attempted to restrain him, Fidel swung his arms about and struck at least one of the uniformed officers. This was a battery. See id. § 784.03....

...However, this claim fails with the conclusion that no officer used excessive force in this situation. [8] In Florida, battery is defined as occurring when a person "[a]ctually and intentionally touches or strikes another person against the will of the other." Fla. Stat. § 784.03....

...The appellant, Ralph Parker, appeals a trial court order denying his motion to set aside sentence. We find that the trial court erred in denying appellant's motion and, accordingly, reverse. In 1984, a jury found appellant guilty of battery in violation of section 784.03, Florida Statutes (1983) (a first degree misdemeanor), resisting arrest with violence in violation of section 843.01, Florida Statutes (1983) (a third degree felony), and two counts of battery of a law enforcement officer in violation of section 784.07, Florida Statutes (1983) (third degree felonies)....

...Clark with a deadly weapon, a motor vehicle. The jury found Mr. Beard guilty of all counts as charged. On appeal, Mr. Beard claims that the trial court erred when it denied his motion for judgment of acquittal as to all three counts of aggravated battery. Simple battery is defined in section 784.03(1)(a), Florida Statutes (1999), as having occurred when a person: "1....

...There is no question in my mind the legislature meant to and did proscribe a crime of violence when it enacted this statute and made this battery a more serious crime because sexual organs are involved. In the vast majority of cases, if not all cases, a bare assault Section 784.011, Florida Statutes (1977) or simple battery Section 784.03, Florida Statutes (1977) are less injurious than the sexual violence which the statute does not limit to those acts mentioned in the majority opinion....

...Section 800.04 is not a necessarily included lesser offense of sexual battery because section 800.04, unlike section 794.011, requires that the victim be under the age of sixteen. Neither is the lesser included charge of simple battery, as defined in section 784.03, Florida Statutes (1991), applicable to this case because it requires that the touching be against the will of the victim....

...titioner. NOTES [1] State v. Agee, 622 So.2d 473 (Fla. 1993). [2] Genden v. Fuller, 648 So.2d 1183 (Fla. 1994); Farina v. Perez, 647 So.2d 113 (Fla. 1994); Williams v. State, 622 So.2d 477 (Fla. 1993). [3] § 784.045(1)(a)(1), Fla. Stat. (1993). [4] § 784.03, Fla....

...Gen., Tallahassee, for appellee. WENTWORTH, Judge. Hughes appeals her conviction for the battery of a law enforcement officer in violation of § 784.07, Florida Statutes (1977). That statute provides more severe punishment for persons who batter law enforcement officers than § 784.03, Florida Statutes (1977), provides for those persons who commit the same act against any other person....

...The Florida Rules of Criminal Procedure 3.701(d)(7) provide that victim injury shall be scored when it is an element of any offense at conviction. Although victim injury is not an element of robbery with the use of a deadly weapon, Wright v. State, 487 So.2d 1176, 1177 (Fla. 1st DCA 1986), it is an element of battery. § 784.03(1)(b), Fla....

...1991); Morales v. State, 792 S.W.2d 789 (Tex. App. 1990); Cooper v. State, 773 S.W.2d 749 (Tex. App. 1989). [4] "Parts of the Human Body as Dangerous Weapons," 8 A.L.R.4th 1268, 1269. [5] See Ransom v. State, 460 P.2d 170, 171-172 (Alaska 1969). [6] § 784.03, Fla....

...e elements of such a claim. The Court disagrees. Under Florida law, battery is defined as actually and intentionally touching or striking another person against the will of the other or intentionally causing bodily harm to another person. Fla. Stat. § 784.03....

...We again disagree. The Florida Statutes define the crime of battery as occurring when a person "actually and intentionally touches or strikes another person against the will of the other" or "intentionally causes bodily harm to another person." See § 784.03, Fla....

...(if the lowest permissible sentence under the guidelines exceeds the statutory maximum sentence, the guideline sentence must be imposed). §§ 775.082(3)(d); 921.0024(2). ___ Guilty of Battery, a lesser included Degree of Misdemeanor: First Degree. § 784.03(1)(b) (providing that battery is a first-degree misdemeanor)....

...Goney was also instructed by the trial judge that he could interrupt the bench conference at any time, and confer with his defense counsel. That is all he could have asked for, had he been standing beside his attorney at the bench. AFFIRMED. GOSHORN and ANTOON, JJ., concur. NOTES [1] § 784.045, § 784.03, Fla....

...2(9)(a)1.( o ). We agree with the State. *660 In Spradlin, we addressed whether a second offense of misdemeanor battery qualified for PRR sentencing. The defendant had been convicted of felony battery based upon multiple simple battery charges under section 784.03(2), Florida Statutes (2006)....

...agreement and proceed to trial. See Casey v. State, 788 So.2d 1121 (Fla. 2d DCA 2001); Wallen v. State, 877 So.2d 737 (Fla. 5th DCA 2004). Reversed and remanded. FULMER and STRINGER, JJ., Concur. NOTES [1] See § 784.021, Fla. Stat. (2001). [2] See § 784.03(2), Fla....

felony conviction for battery under Fla. Stat. § 784.03(2) meets the definition of ‘violent-felony’ in

...Mere unwanted touching does not amount to the "use or threat of use of physical force or violence." See Johnson v. State, 858 So.2d 1071 (Fla. 3d DCA 2003)("while spitting on a law enforcement officer amounts to unwanted touching, it does not amount to the use or threat of use of physical force or violence"). See also § 784.03(1)(a) and (b), Fla....

...As Hearns points out, simple battery is a misdemeanor, which becomes a felony because of the status of the victim. The State has not shown with any certainty (has not shown at all, in fact) whether the battery on a law enforcement officer was a mere unwanted touching, see section 784.03(1)(a), Florida Statutes (1985), or caused bodily harm, see section 784.03(1)(b), Florida Statutes (1985)....

...did then and there unlawfully commit battery upon PTL. GEORGE CABANAS, of the Key West Police Department, while said officer was in the lawful performance of his duties, to-wit: making the arrest of said DEBORAH WESLEY, by hitting said PTL. GEORGE CABANAS in the face, in violation of F.S. 784.03 and 784.07....

...t is otherwise essentially the same. It is important to observe that each count alleges that the appellant unlawfully rather than knowingly committed the battery. Consequently, the accusatory pleading as written constitutes a misdemeanor pursuant to Section 784.03, Florida Statutes (1977) rather than a felony as provided by Section 784.07(2), Florida Statutes (1977)....

...utes 784.045. Under Section 777.04, Florida Statutes, the offense of attempted aggravated battery is a felony of the third degree. The offense of aggravated assault under Section 784.021, Florida Statutes, is also a felony of the third degree. Under Section 784.03 the crime of battery is a misdemeanor of the first degree....

...The trial judge accepted the prosecutor's representations, and denied the requested instruction. Instead, he instructed the jury regarding only sexual battery while armed with a firearm and the lesser-included offense of simple battery, a first-degree misdemeanor. § 784.03, Fla.Stat....

different degree of another. Id. at 1076-78. Section 784.03, Florida Statutes (2009), criminalizes battery

...Similarly, we find that the legislature did not intend to punish aggravated battery and battery of a law enforcement officer separately where the victim in both is the same law enforcement officer and there is only one battery. Prior to the enactment of section 784.07, battery of a law enforcement officer was covered by section 784.03 (defining battery), a misdemeanor statute. By the enactment of section 784.07, one who has battered a law enforcement officer may be *114 charged, at the prosecutor's discretion, with a felony under section 784.07 rather than only a misdemeanor under section 784.03. Soverino v. State, 356 So.2d 269 (Fla. 1978). In Soverino, the Supreme Court held that the prosecutor's discretion to charge under either section 784.07 (felony statute) or section 784.03 (misdemeanor statute) when a law enforcement officer is the victim of a battery does not constitute a constitutional infirmity. The language of the opinion indicates that the prosecutor may prosecute under either section 784.07 or section 784.03 but not both....

...Savino forced open the locked door of Derickson's apartment, entered it and committed an assault and a battery on Derickson therein. On these facts Savino claims double jeopardy prohibits his conviction and separate sentence as to the two offenses of burglary with an assault (§ 810.02(2)(a), Fla. Stat. (1981)) and battery (§ 784.03, Fla....

...Utilization of the correct theory, a substantive analysis of the statutes and charges involved, reveals that these two offenses are as substantively different as are the offense of simple assault (§ 784.011, Fla. Stat. (1981)) and the offense of battery (§ 784.03, Fla....

...This is because the enhanced burglary offense is committed when, in the course of committing a burglary, the burglar "makes an assault upon any person" (§ 810.02(2)(a), Fla. Stat. (1981)). An assault as defined in section 784.011(1), Florida Statutes (1981), and a battery as defined in section 784.03(1), Florida Statutes (1981), are substantively different offenses because each offense has essential constituent elements that the other does not have; that is, each offense can be committed without necessarily commiting the other offense....

...This is so because one can make "an intentional, unlawful threat by word or act to do violence to the person of another and do some act which creates a well-founded fear in such other person that such violence is imminent" (§ 784.011(1), Fla. Stat.) without actually touching or striking such other person (§ 784.03(1)(a)) or causing bodily harm (§ 784.03(1)(b)) and also one may actually touch or strike another person (§ 784.03(1)(a)) or cause bodily harm (§ 784.03(1)(b)) without threatening or creating fear in such person....

...offenses never constitute double jeopardy no matter how closely related or interrelated the factual basis for each criminal charge may be. Monarca v. State, 412 So.2d 443 (Fla. 5th DCA 1982), is the case from this court most in point. [4] NOTES [1] § 784.03, Fla....

...The state argued that proof of the intent to do the act that resulted in the teacher being struck by the lighter was sufficient. The trial court denied the motion. Ultimately the court adjudicated defendant delinquent for commission of the battery. Section 784.03(1)(a)1., Florida Statutes (2000), defines battery as occurring when a person "[a]ctually and intentionally touches or strikes another person against the will of the other." As a general intent crime, the battery statute "prohibits eith...

...In such a situation, the law considers the defendant just as guilty of battery as if he had actually harmed the intended victim. See LAFAVE & SCOTT, CRIMINAL LAW § 35. Here, there was no intended victim, only the floor. REVERSED AND REMANDED. WARNER, J., concurs. FARMER, J., dissents with opinion. FARMER, J., dissenting. Section 784.03(1) defines battery thus: "[t]he offense of battery occurs when a person ......

...s a specific intent crime, saying: "To the extent that Russell v. State, 373 So.2d 97 (Fla. 2d DCA 1979), may appear to be inconsistent with our present holding, we recede from Russell. Russell found that the inclusion of the word `intentionally' in section 784.03 ......

...Appellant contends that the court erred in denying his motion for judgment of acquittal of aggravated battery because, he says, this evidence was legally insufficient to support a finding of a battery upon the victim. Battery is the actual and intentional touching of another person against that person's will, § 784.03(1)(a), Fla....

...ruction to the jury. Green v. State, 475 So.2d 235, 237 (Fla.1985); Elkin, 636 So.2d at 571; Garcia, 574 So.2d at 241. In Johnson, the court stated: The appellant's repeated hitting and kicking of the victim clearly constitutes battery as defined by Section 784.03(1), Florida Statutes....

...NOTES [1] § 784.045, Florida Statutes (1999) provides that 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. § 784.03 defines a "battery" as an offense occurring when a person actually and intentionally touches or strikes "another person" against the will of the other or intentionally causes bodily harm to "another person."

...We affirm the conviction without further discussion; however, we reverse the sentence, and remand for removal of the prison releasee reoffender designation. The State concedes that the prison releasee reoffender designation was improper because the conviction was under section 784.03(2), Florida Statutes (2006), which reclassifies a simple battery as a felony battery because of a prior battery conviction....

...Fogle, Assistant Public Defender, Bartow, for Appellant. Robert A. Butterworth, Attorney General, Tallahassee, and Angela D. McCravy, Assistant Attorney General, Tampa, for Appellee. DANAHY, Acting Chief Judge. B.S.W. challenges his conviction and sentence for battery, a violation of section 784.03, Florida Statutes (1993)....

...Three tiles were found at the scene; however, the manager was unable to identify which of the three youths threw the one tile which struck him. R.M. argues that, in the absence of proof that he touched or caused bodily harm to the manager, he could not have been convicted of battery under section 784.03, Florida Statutes (1993), citing L.S....

...If the charges of aggravated battery and the aggravated assault are both based on the use of a deadly weapon (§ 784.045(1)(b) and § 784.021(1)(a)), as they are in this case, in essence the legal question is whether simple assault (§ 784.011, Fla. Stat. (1983)) is a necessary lesser included offense of simple battery (§ 784.03, Fla....

...It is not. This legal point is considered in some depth in the specially concurring opinion in Savino v. State, 447 So.2d 411 (Fla. 5th DCA 1984), and need not be repeated here. Because statutory assault (§ 784.011, Fla. Stat.) and statutory battery (§ 784.03, Fla....

...molestation. AFFIRMED IN PART; REVERSED IN PART and REMANDED. LEWIS and POLSTON, JJ., concur. NOTES [1] The essential elements of battery are: (1) actually and intentionally touching or striking another person (2) against the will of the other. See § 784.03(1)(a)1, Fla....

...Accordingly, the prohibition against double jeopardy prohibits the state from *89 again trying appellant on that charge. See State ex rel. Landis v. Lewis, 118 Fla. 910, 160 So. 485, 486-87 (1935). On remand, appellant may be tried only for battery in violation of section 784.03, Florida Statutes (2003), because that is the only other lesser-included offense as to which the jury was instructed....

...rise lewd and lascivious activity." Although this observation may be correct with respect to other subsections in section 800.04, it does not appear to be an accurate description of section 800.04(4), proscribing lewd and lascivious battery. [5] See § 784.03, Fla....

...constructive knowledge that the victim was pregnant. “The offense of battery occurs when a person: (1) [a]ctually and intentionally touches or strikes another person against the will of the other; or (2) [i]ntentionally causes bodily harm to another person.” FLA. STAT. § 784.03(1)(a)....

...RAMIREZ, JUAN, Jr., Associate Judge. This is an appeal from an order granting a motion to dismiss a petition for delinquency based on a speedy trial violation. We affirm. On March 10, 1995, T.W., a juvenile, was arrested on a charge of battery in violation of section 784.03(1)(a), Florida Statutes (1993)....

...sed of three essential elements: carnal knowledge, force, and the commission of the act without the consent or against the will of the female victim."; "The law makes the act of rape the crime and infers a criminal intent from the act itself.") with § 784.03(1), Fla....

...Defendant, Christopher Arnold, appeals his convictions and sentences for battery, aggravated battery, and attempted kidnapping, and his sentence for attempted sexual battery. We affirm in part and reverse in part. The state filed an amended information charging the defendant with battery in violation of section 784.03, Florida Statutes (1985); aggravated battery with a knife in violation of section 784.045(1)(b); attempted sexual battery with the use or threatened use of a knife in violation of sections 777.04 and 794.011; and attempted kidnapping w...

.... [u]ses a deadly weapon." § 784.045(1)(a), Fla. Stat. A "battery" occurs when a person "[a]ctually and intentionally touches or strikes another person against the will of the other; or . . . [i]ntentionally causes bodily harm to another person." § 784.03(1)(a), Fla....

...determining appellee's eligibility for provisional credit. Under the limited circumstances of the case, we affirm the trial court's decision. Appellee was convicted by a jury of burglary of a dwelling (section 810.02, Florida Statutes) and battery (section 784.03, Florida Statutes)....

...[1] Warner was charged with five offenses arising out of a single criminal episode: robbery, in violation of section 812.13(1), (2)(c), Florida Statutes (2002); grand theft, § 812.014(1), (2)(c)(1); grand theft auto, § 812.014(2)(c)(6); kidnapping, § 787.01(1)(a)(2), Fla. Stat. (2002); and battery, § 784.03(1), Fla....

...Section 39.054(4), Florida Statutes (1993), provides: "Any commitment of a delinquent child to the department shall be for an indeterminate period of time, but the time shall not exceed the maximum term of imprisonment which an adult may serve for the same offense." Battery is a first-degree misdemeanor, see § 784.03(2), Fla....

defendant’s commission of a misdemeanor battery under section 784.03(l)(a), Florida Statutes (2010), where the defendant

...Public Defender, Daytona Beach, for appellant. Robert A. Butterworth, Atty. Gen., Tallahassee and Laura Griffin, Asst. Atty. Gen., Daytona Beach, for appellee. ORFINGER, Judge. Appellant was charged with and convicted of burglary with a battery (section 810.02(2)(a)) and simple battery (section 784.03, Florida Statutes (1987))....

striking and touching for Florida battery, Fla. Stat. § 784.03, are not divisible. And Gandy argued, based on

...State, 648 So.2d 274, 276 (Fla. 4th DCA 1995). Further, the statutory elements of a battery are: an actual and intentional touching or striking of another person against the will of the other person; or intentionally causing bodily harm to an individual. § 784.03, Fla....

...al court order prevented HRS from placing the juveniles in a level 8 commitment facility. The facts that gave rise to the order of contempt are not in dispute. J.G. and T.D., both juveniles, each pleaded guilty to a charge of battery in violation of section 784.03, Florida Statutes, a first-degree misdemeanor....

Affirmed. NORTHCUTT and CASANUEVA, JJ., Concur. . § 784.03(l)(a), Fla. Stat. (1997) (defining battery). The

constitute a battery, which is a crime. See Fla. Stat. § 784.03. And Florida law allows a police officer to arrest

...Nevertheless, the legislature may want to consider whether the crime of kidnaping should include circumstances similar to those presented here. We reverse the conviction for kidnaping and remand to the trial court for discharge on that count only. NORTHCUTT and CASANUEVA, JJ., Concur. NOTES [1] See § 784.03(1)(a), Fla....

...it any acts of violence or threaten violence. "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." See § 784.03(1)(a), Fla....

...Mrs. Coffin was charged with the misdemeanor of obstruction of justice without violence under Fla. Stat. § 843.02. Mr. Coffin was charged with several felonies: two counts of battery on a law enforcement officer under Fla. Stat. § 784.07(2)(b) and § 784.03(1); resisting an officer with violence under Fla....

...5th DCA 1989); cf. Dyer v. State, 534 So.2d 843 (Fla. 5th DCA 1988). AFFIRM in part; REVERSE in part; REMAND for resentencing. GOSHORN, J., concurs. DAUKSCH, J., concurs in conclusion only without opinion. NOTES [1] § 810.02(2)(a), Fla. Stat. (1987). [2] § 784.03, Fla....

...(2005), the offense becomes a first-degree felony punishable by life imprisonment if in the course of committing the offense, the offender "[m]akes an assault or battery upon any person." See § 810.02(2)(a). The State contended that a battery occurred when Mr. Pitts grabbed the trucker's shirt. See § 784.03(1)(a)(1), Fla....

...Brock recognized that Wingate and Lucas were deputies because both men were in uniform, and Brock addressed them as officers. Brock was charged by amended information with battery on the two law enforcement officers (spitting and kicking) pursuant to section 784.03 and 784.07, Florida Statutes, and with disorderly conduct (trying to spit on or fight the hospital staff), pursuant to section 877.03, Florida Statutes....

...Aulisio, Assistant Public Defender, Bartow, for Appellant. Robert A. Butterworth, Attorney General, Tallahassee, and Ronald Napolitano, Assistant Attorney General, Tampa, for Appellee. PER CURIAM. Appellant was adjudicated delinquent for committing a battery in violation of section 784.03, Florida Statutes (1993). We find merit in her argument that the trial court erred in sentencing her to an indeterminate term of community control since such term could exceed the one year statutory maximum sentence for a violation of section 784.03, a first degree misdemeanor....

...en found and further, there was evidence defense could have offered to establish an insanity defense. Accordingly, the judgment is reversed and the cause remanded for a new trial. REVERSED AND REMANDED. COBB, C.J., and DAUKSCH, J., concur. NOTES [1] § 784.03, Fla....

...Appellee filed a two-count petition charging appellant with battery and criminal mischief. The petition provided in pertinent part: [S]aid child [appellant] ... actually and intentionally did touch and strike another person, to-wit: ... against the will of the said [person] .. . in violation of section 784.03, Florida Statutes.......

...ttery and criminal mischief. A necessarily lesser included offense is one whose constituent elements are included within the elements of the greater offense. Gaylord v. State, 413 So.2d 72 (Fla. 2d DCA 1982). A comparison of the elements of battery, section 784.03, Florida Statutes (1985), and criminal mischief, section 806.13, Florida Statutes (1985), with those of disorderly conduct, section 877.03, Florida Statutes (1985), indicates that each crime contains separate and distinct elements which the other does not possess....

...At the charge conference the trial judge announced that he would instruct the jury that the sexual battery charge against Bragg included the lesser-included offenses of sexual battery with slight force under section 794.011(5), Florida Statutes (1981), as well as battery, a misdemeanor proscribed by section 784.03....

...We must reverse his conviction under subsection (5), since he was not properly charged with that offense. However, the information included sufficient allegations, and there was sufficient evidence to establish his guilt of the lesser-included offense of battery, as proscribed by section 784.03....

...2d DCA 1981), petition for review denied, 413 So.2d 877 (Fla. 1982). We find no merit to Bragg's remaining points on appeal. Accordingly, we remand to the trial court with directions to enter judgment of conviction of Bragg for battery, in violation of section 784.03, and impose an appropriate sentence for that offense....

...da Statutes (1975) [1] . Our review of the record in the light of appellant's contentions shows that no error appears. As to the sufficiency of the evidence, it is clear that the force used in a criminal battery need not be sufficient to injure. See Section 784.03, Florida Statutes (1975); and Restatement, Second, Torts §§ 18 & 19....

...Mrs. Coffin was charged with the misdemeanor of obstruction of justice without violence under Fla. Stat. § 843.02. Mr. Coffin was charged with several felonies: two counts of battery on a law enforcement officer under Fla. Stat. § 784.07(2)(b) and § 784.03(1); resisting an officer with violence under Fla....

against the will of the other person.”), citing § 784.03(1)(a)(1), Fla. Stat.; Washington v. State, 912

...to reverse the departure sentences and remand for re-sentencing within the guidelines. Pope v. State, 561 So.2d 554 (Fla. 1990). Convictions AFFIRMED; Sentences VACATED; REMANDED for Resentencing. PETERSON, C.J., and THOMPSON, J., concur. NOTES [1] § 784.03, Fla....

...56,734 and 58,799, opinion filed April 16, 1981. The State concedes this, but contends that there is no evidence which would support a third degree murder conviction. We disagree. The appellant's repeated hitting and kicking of the victim clearly constitutes battery as defined by Section 784.03(1), Florida Statutes....

...Because Florida's juvenile delinquency statute does not expressly authorize the use of prior withheld delinquency adjudications to enhance the level of criminal offenses, we reverse and remand for a final disposition hearing on misdemeanor battery. Section 784.03(2), Florida Statutes (2000), provides that "[a] person who has *852 two prior convictions for battery who commits a third or subsequent battery commits a felony of the third degree." [1] (Emphasis supplied). Based on his history of four prior batteries, J.E.A. was charged with third-degree felony battery in violation of section 784.03(2)....

...In the absence of express language indicating that a withheld adjudication may be used as a conviction, this battery should not have been enhanced to a third-degree felony. Reversed and remanded for further proceedings. BLUE, C.J., and FULMER, J., Concur. NOTES [1] Section 784.03(2), Florida Statutes (2000), was amended effective July 1, 2001, to require only one prior battery conviction in order to enhance the offense to felony battery....

...Diaz' attorney apparently understood this and completely acquiesced in the admission of the evidence and the argument by the state. Therefore, Diaz has shown no error, much less any fundamental error, in the admission of the evidence. There is no merit to the other points on appeal. Affirmed. NOTES [1] Battery, § 784.03, Fla....

...Steven Aldacosta appeals his judgment and sentence for felony battery. The narrow issue on appeal is whether a prior conviction for lewd or lascivious battery can be used as a qualifying offense to transform misdemeanor battery into felony battery. See § 784.03(2), Fla....

...Aldacosta that lewd or lascivious battery is not a qualifying offense as a matter of law and that, for purposes of this statute, it is inappropriate to examine the factual basis for a prior conviction as compared with the statutory elements of that conviction. Section 784.03(2) provides that "[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....

......" (Emphasis added.) The statute lacks any reference to the offense of lewd or lascivious battery, which the Legislature created in 1999. See ch. 99-201, § 3, at 1184-85, Laws of Fla. Thus, if lewd or lascivious battery is to be treated as a qualifying offense, it must obtain this status under the general references in section 784.03(2) to "battery" or "felony battery." We interpret the references to "battery" and "felony battery" in section 784.03(2) by looking to their statutory definitions....

...See Nicholson v. State, 600 So.2d 1101, 1103 (Fla.1992) ("When a definition of a word or phrase is provided in a statute, that meaning must be ascribed to the word or phrase whenever it is repeated in the statute unless a contrary intent clearly appears."). Section 784.03(1) defines "battery" as "[a]ctually and intentionally touch[ing] or strik[ing] another person against the will of the other; or ......

...Aldacosta's prior conviction for lewd or lascivious battery does not meet the statutory definition of either battery or felony battery. Because Mr. Aldacosta does not have "one prior conviction for battery, aggravated battery, or felony *1099 battery," as provided under section 784.03(2), we conclude that he could not be convicted of the offense of felony battery defined under section 784.03(2). We realize that, in Warren , the supreme court held the term "battery" in a prior version of section 784.03(2) to include more than the offense of misdemeanor battery. 796 So.2d at 490. The court reasoned that, in finding the term battery in the prior version of section 784.03(2) did not include any battery, the trial court had effectively rewritten the statute. According to the court in Warren , "[t]he word battery refers to the touching or striking of another person." Id. at 490. The Legislature responded to Warren by adding the terms "aggravated battery" and "felony battery" to section 784.03(2). See ch. 2001-50, § 4, at 320, Laws of Fla. The Legislature did not include lewd or lascivious battery in the list of qualifying prior offenses. "Battery" is specifically defined by statute, and section 784.03(2) does not refer to a prior conviction for "any battery." Additionally, unlike the offense of aggravated battery at issue in Warren , lewd or lascivious battery can be committed without touching or striking another person against his or her will....

...Battery is not a necessarily lesser-included offense of lewd or lascivious battery. The misdemeanor form of battery is a permissive lesser-included offense of lewd or lascivious battery. See Khianthalat v. State, 935 So.2d 583 (Fla. 2d DCA 2006). In either case, section 784.03(2) requires a "prior conviction," not that a person have a prior conviction the facts of which would constitute battery....

...00-110, and remand for the imposition of a sentence within the statutory maximum. Commitment VACATED; REMANDED for resentencing PETERSON and ORFINGER, R.B., JJ., concur. NOTES [1] §§ 812.13(2)(a), 777.04, Fla. Stat. (2000), a second degree felony. [2] § 784.03, Fla....

...State, 997 So.2d 440, 441 (Fla. 1st DCA 2008) ("We find that the appropriate remedy is to order a new appellate proceeding to review [this issue], rather than ordering a new trial."). Petition granted. ALTENBERND and KELLY, JJ., Concur. NOTES [1] §§ 784.03(1), .08(2), Fla. Stat. (2005). [2] § 784.03(2)....

...imple battery, we vacate the conviction for simple battery. See Mendez v. State, 798 So.2d 749, 750 (Fla. 5th DCA 2001). AFFIRMED IN PART; SIMPLE BATTERY CONVICTION VACATED. SAWAYA and PLEUS, JJ., concur. NOTES [1] § 784.047, Fla. Stat. (2000). [2] § 784.03(1)(a), Fla....

...West asserts that his convictions for burglary with a battery and battery violate double jeopardy. We agree. The courts have consistently held that convictions for burglary with a battery in violation of section 810.02(2)(a), Florida Statutes (2006), and battery in violation of section 784.03(1)(a), Florida Statutes (2006), violate double jeopardy....

...[2] We find unavailing the State's argument that there is no double jeopardy violation because West was convicted of a crime it labels "domestic battery." The judgment rendered by the trial court adjudicates West guilty of "battery domestic violence," citing only to the misdemeanor battery statute in section 784.03, Florida Statutes (2007).

...isposition order might well determine the date he must be released from custody. See § 775.082(4)(a), Fla. Stat. (2003) (authorizing as punishment for "a misdemeanor of the first degree, . . . a definite term of imprisonment not exceeding 1 year"); § 784.03(1), Fla....

...Stat. (2003) (proscribing simple battery as a misdemeanor of the first degree). And it is even possible that an adjudication of delinquency under section 800.04(4) (lewd or lascivious battery) might be reduced to an adjudication of delinquency under section 784.03(1) (simple battery) on appeal....

...in Section 784.04, Florida Statutes, quoted above. If, however, the first assumption were true but the "iron" were not construable as a deadly weapon under the statute, the respondent's offense would no doubt be held to be assault and battery under Section 784.03, which provided in 1936 as well as today: "784.03 Punishment of assault and battery "Whoever commits assault and battery shall be punished by imprisonment not exceeding six months, or by fine not exceeding five hundred dollars." The punishment provisions of Sections 784.03 and 784.04, Florida Statutes, F.S.A., must be construed "in pari materia" with Section 775.06, Florida Statutes, F.S.A., which provides: "Whenever punishment by imprisonment is prescribed, and the said imprisonment is not expressly directed to...

...whenever the punishment is prescribed to be fine or imprisonment (whether in the state prison or county jail), in the alternative, the court may, in its discretion, proceed to punish by both fine and such imprisonment." Construing together Sections 784.03, 784.04, and 775.06, as they existed in 1936, when the respondent committed the offense of assault in the second degree in New *25 York of which he was convicted in 1937 by a court of that state, the respondent, under our reasoning set forth a...

intentional touching against the victim’s will. See § 784.03(1), Fla. Stat. That is what the court found, and

..."Act" was defined as being a "discrete event arising from a single criminal intent." Id. The court went on to define a criminal transaction as a "related series of acts." Applying the above observations to the instant case, it is this Court's conclusion that section 775.021(4) would not bar multiple punishments here. First, section 784.03, Florida Statutes, is unambiguous, and the legislative intent is clear....

...hereon. We affirm. On March 11, 1977, the trial court adjudged Peyton guilty of battery, withheld imposition of sentence and placed him on probation for a period of three years. This three-year term of probation was in excess of that allowed by law. Section 784.03, Florida Statutes (1975), provides that the offense of battery is a misdemeanor in the first degree....

...y on aggravated battery. Simple battery, the second requested lesser-included offense, consists of (1) actually and intentionally touching or striking another person against his or her will or (2) intentionally causing bodily harm to another person. § 784.03(1)(a), Fla....

...The issue here is whether a withhold of adjudication entered in juvenile delinquency proceedings initiated under chapter 985, Florida Statutes, may provide the predicate prior battery "conviction" necessary to sustain a conviction for felony battery, pursuant to section 784.03(2), Florida Statutes, in subsequent delinquency proceedings....

...The trial court determined the prior withhold of adjudication was a "conviction" for such purposes and found the minor child guilty of the offense of felony battery. Having reviewed this issue of statutory construction de novo, we disagree and reverse. See, e.g., State v. J.C., 916 So.2d 847, 849 (Fla. 2d DCA 2005). Section 784.03(2), Florida Statutes (2004), makes the commission of a battery, which is ordinarily a first degree misdemeanor, see section 784.03(1)(b), a third degree felony if the defendant "has one prior conviction for battery, aggravated battery, or felony battery." The battery statute defines the term "conviction" as "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." § 784.03(2), Fla....

...1978) when it stated: We note that appellant might have an equal protection argument if a violation of the misdemeanor statute invariably constituted a violation of the felony statute. Palmore v. United States, 290 A.2d 573 (D.C. 1972). In the instant case, a violation of § 784.03 would not invariably constitute a violation of § 784.07....

...NOTES [1] Each offense requires proof of an element that the other does not. Sexual battery requires a sexual attack, but regular battery does not. Likewise, regular battery requires evidence of bodily harm, but sexual battery does not. See § 794.011, Fla. Stat.; § 784.03, Fla....

...n the circuit court but which were later discharged in the county court under the speedy trial rule. However, in this case the felony charge of aggravated battery (section 784.045(1)) cannot be proved without proving the misdemeanor battery offense (section 784.03, Florida Statutes). See Fla.Std. Jury Inst. (Crim.), Schedule of Lesser Included Offenses (§ 893.13(1)(a), Fla. Stat.) in which Battery (section 784.03, *1021 Florida Statutes) is shown as a category 1 lesser included offense of aggravated battery (section 784.045(1)(a) and (b), Florida Statutes)....

...Aggravated assault, a category 2 lesser included offense of sexual battery under sections 794.011(2), (3) and (4), is a third degree felony under section 784.021(1)(a). Battery, a category 1 lesser included offense of sexual battery under section 794.011, is a first degree misdemeanor under section 784.03....

involve the threat or use of force or violence. § 784.03(1), Fla. Stat. (2006); Hearns, 961 So.2d at 218

...FLETCHER, Judge. Martin Stenson appeals from a conviction and sentence of one count of burglary of an occupied dwelling with an assault therein, in violation of section 810.02, Florida Statutes (1997), and one count of simple battery, in violation of section 784.03, Florida Statutes (1997)....

intentional, nonconsensual touching or striking. See § 784.03(l)(a), Fla. Stat. (2004). When the victim is struck

...(2003) (defining "assault" as "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") (emphasis added); § 784.03(1)(a), Fla....

...appeals an order of restitution entered on April 6, 1994. We reverse the order since the trial court failed to order restitution or reserve jurisdiction to do so at the time of the disposition order. On December 3, 1993, C.B. pled guilty to battery in violation of section 784.03, Florida Statutes (1991)....

statutes that combine to create this offense. See § 784.03(1), Fla. Stat. (2009); § 784.045(1). Unfortunately

...he commission of a delinquent act." We reverse and certify a question of great public importance. J.C., J.G., E.G., T.N., and C.C. are all juveniles who were charged by petitions for delinquency. J.C., J.G., E.G., and C.C. were charged with battery. § 784.03, Fla....

...issue of statutory construction. See S.S.M. v. State, 898 So.2d 84 (Fla. 5th DCA 2004). Section 938.08 provides: Additional cost to fund programs in domestic violence. — In addition to any sanction imposed for a violation of s. 784.011, s. 784.021, s. 784.03, s....

...Section 938.085 provides: Additional cost to fund rape crisis centers.—In addition to any sanction imposed when a person pleads guilty or nolo contendere to, or is found guilty of, regardless of adjudication, a violation of s. 784.011, s. 784.021, s. 784.03, s....

...t Ingersoll touched her five times within a month. The evidence supports the trial court's findings and conclusions that Ingersoll repeatedly committed at least a battery, i.e., an actual, willful touching of the child against her will as defined in section 784.03(1)(a), Florida Statutes (2005), and that the touching sometimes involved her *629 breast area, thereby constituting sexual abuse and exposing the child to a substantial risk of imminent abuse....

prosecution can prove a violation of Fla. Stat. § 784.03(l)(a)(l), which includes the same language as

lesser offense of felony battery pursuant to section 784.03, Florida Statutes (2009), in exchange for a

...4th DCA 1995); see also Dunbar v. State, 879 So.2d 98 (Fla. 4th DCA 2004); Phillips v. State, 834 So.2d 272, 274 (Fla. 5th DCA 2002). AFFIRMED. GRIFFIN and THOMPSON, JJ., concur. NOTES [1] § 812.13(2), Fla. Stat. (2006). [2] § 316.1935(2), Fla. Stat. (2006). [3] § 784.03, Fla....

intentionally touched the student against his will. See § 784.03, Fla. Stat. (defining simple battery as when a

...Other witnesses shall be paid the witness fee fixed by law. (Emphasis added). In S.S.M., we said: [A] plain reading of section 938.08 supports the cost assessment in a juvenile proceeding. Section 938.08 states that a fee be assessed for "a violation of ... s. 784.03....

...y incarceration if the violation were committed by an adult." § 985.03, Fla. Stat. (2004) (emphasis added). Clearly, under section 985.03(58), a "delinquent act" is defined as a "violation of law." A "violation of law," specifically, a violation of section 784.03, is the necessary predicate for the imposition of the $201 surcharge....

...We affirm appellant's judgment and sentence in this appeal, which was brought pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). However, we remand for correction of the judgment of conviction to reflect that the battery conviction was pursuant to section 784.03(1), not section 784.08(1), Florida Statutes....

...Appellant was charged with battery of law enforcement officers in violation of section 784.07. This statute punishes persons who batter law enforcement officers in the lawful performance of their duties more severely than persons who commit the same act against any other person. § 784.03, Fla....

a prior battery conviction, in violation of section 784.03(2), Florida Statutes (2010). He presents four

...For example, in Dixon, the defendant was charged with battery of a law-enforcement officer by intentional touching, but the court committed fundamental error by instructing the jury that it could convict if Dixon intentionally touched the officer, or caused him bodily harm, which are separate violations under section 784.03(1)(a)1 and (1)(a)2, Florida Statutes....

...Section 440.11(1), Florida Statutes, has since been amended. Ch.2003-412, § 14, at 3890-91, Laws of Fla. [2] The petitions for benefits describe Mr. Clark as "owner" of ERPOC, but also alleges that he perpetrated a battery. Because battery is a misdemeanor of the first degree, § 784.03(1)(b), Fla....

Mickens was charged with two counts: (1) battery, § 784.03(1), Fla. Stat. (2011), of a female victim, and

or striking of another, without their consent. § 784.03(1)(a)1., Fla. Stat. The fact that Appellant intentionally

another person against the will of the other[.]” § 784.03(1)(a), Fla. Stat. (2010). Because felony battery

FARMER, J., dissenting. Section 784.03(1) defines battery thus: “[t]he offense of battery occurs when

...nent.” § 784.011(1), Fla. Stat. The “offense of battery” occurs when a person “[a]ctually and intentionally touches or strikes another person against the will of the other” or “[i]ntentionally causes bodily harm to another person.” § 784.03(1)(a), Fla....

committing battery ... [u]ses a deadly weapon.”); § 784.03(l)(a), Fla. Stat. (2011) (“The offense of battery

plea to a lesser offense-felony battery under section 784.03, Florida Statutes (2009)—in exchange for a

defendant “intentionally” touched the victim. § 784.03(l)(a), Fla. Stat. (2010). . The statute provides:

anyone, juvenile or otherwise, who violates section 784.03 (or any of the other statutes enumerated in

will of the said [person] ... in violation of section 784.03, Florida Statutes_ Count II [S]aid child [appellant]

...Tylke, Assistant Attorney General, Daytona Beach, for Appellee. THOMPSON, J. Kenneth Pea was charged by amended information with burglary of a dwelling with a battery (Count I), felony battery (Count II) and possession of drug paraphernalia (Count III). [1] Count II was brought under section 784.03(2), Florida Statutes (1997), which allows the enhancement of a battery conviction if the state alleges and proves prior convictions for battery....

...Count II alleged that Pea previously was convicted of two or more batteries in 1992, 1993 and 1996. The jury convicted Pea of the lesser included offense of battery in Count I and found him guilty as charged in Count II. Count I contained no allegations of prior batteries and simply cited section 784.03....

...2d DCA 1996) (holding it was fundamental error to elevate defendant's petit theft conviction to first-degree misdemeanor under section 812.014(3)(b) where information did not allege prior theft convictions). In the instant case, Count I of the amended information neither cited subsection 784.03(2) nor alleged prior battery convictions....

...Rogers, Assistant Attorney General, West Palm Beach, for appellee. LEVINE, J. The issue presented is whether a prior conviction for battery on a law enforcement officer, pursuant to section 784.07, Florida Statutes, is a sufficient predicate for a violation of section 784.03(2), Florida Statutes, felony battery, which requires one prior conviction for "battery, aggravated battery, or felony battery." We find that under this particular statute, the prior conviction for battery on a law enforcement officer would meet the requisite requirement to sustain a conviction for felony battery....

...The jury, after the first phase of the trial, found appellant guilty of battery. The trial court then proceeded to a phase two proceeding to determine if appellant had been previously convicted of "battery, aggravated battery, or felony battery" as enumerated in section 784.03(2)....

...the offense for which the person is charged shall be reclassified as follows:. . . (b) In the case of battery, from a misdemeanor of the first degree to a felony of the third degree." In State v. Warren, 796 So.2d 489 (Fla. 2001), the Florida Supreme Court, construing a prior version of section 784.03(2), determined that a conviction for aggravated battery could be one of the predicate convictions for a felony battery charge where the prior statute required "two prior convictions for battery." The Court succinctly concluded that, for the purpose of the successor felony battery statute, "[a]n aggravated battery is a battery." Id. at 490. In summary, we find that a prior conviction for battery on a law enforcement officer constitutes a "battery" under section 784.03(2) and, as such, may serve as a predicate offense for a felony battery charge....

...Sections 784.075 and 784.076, Florida Statutes, for example, list the conduct as a separate felony and do not reclassify the battery charge to a felony based on the victim's status. Additionally, these statutes are not listed as predicate crimes for a felony battery charge in section 784.03(2).

...Because the trial court failed to make written findings that a nonstate prison sanction could present a danger to the public, pursuant to section 775.082(10), Florida Statutes (2010), we reverse and remand for resentencing. The state charged appellant with felony battery in violation of section 784.03(2)....

...tion 776.08, Florida Statutes (2010), does not specifically include battery. However, a catch-all provision covers “any other felony which involves the use or threat of physical force or violence against any individual.” Felony battery under section 784.03(2) requires that the state prove the elements of battery, which 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. § 784.03(1)(a), Fla....

...Battery does not require as an element physical force or violence against an individual. That felony battery, as charged against appellant, may sometimes or even frequently involve the use or threat of physical violence is insufficient to categorize felony battery under section 784.03(2) as a forcible felony. The conclusion that appellant was not convicted of a forcible felony and scored fewer than 22 points implicates the sentencing restriction in section 775.082(10)....

...ts a physical force that may constitute a battery. However, the specific elements of battery are either actually and intentionally touching or striking another person against the will of the other or intentionally causing bodily harm to another. See § 784.03(1)(a), Fla....

intentionally causing bodily harm to another. See § 784.03(l)(a), Fla. Stat. (2006); see also Khianthalat

...Brummer, Public Defender, and Marti Rothenberg, Assistant Public Defender, for appellant. Bill McCollum, Attorney General, and Nicholas Merlin, Assistant Attorney General, for appellee. *663 Before GERSTEN, C.J., and COPE, and RAMIREZ, JJ. PER CURIAM. Affirmed. § 776.012, § 784.03, Fla....

...Crist, Jr., Attorney General, Tallahassee, and Wesley Heidt, Assistant Attorney General, Daytona Beach, for Appellee. SHARP, W., J. R.R. appeals from an order adjudicating him delinquent and placing him into moderate level juvenile detention followed by conditional release. He was charged with a violation of section 784.03(2), which provides: A person who has one prior conviction for battery, aggravated battery, or felony battery and who commits any second, or subsequent battery, commits felony of the third degree punishable as provided in sections 775.082, 775.083 or 775.084.......

...Ellis, Assistant Attorney General, Tallahassee, for Appellant. Nancy A. Daniels, Public Defender, and Glen P. Gifford, Assistant Public Defender, Tallahassee, for Appellee. PER CURIAM. Johann S. Warren was charged by information with one count of felony battery pursuant to section 784.03(2), Florida Statutes (1997), based on prior convictions for battery and aggravated battery. Warren filed a motion to dismiss the charge on the basis that section 784.03(2), Florida Statutes (1997), requires convictions for two *146 prior misdemeanor batteries, and not a combination of misdemeanor battery and felony aggravated battery for purposes of charging felony battery. The trial court dismissed the information with leave for the state to refile the charge as a misdemeanor in county court. We affirm. Section 784.03, Florida Statutes (1997), reads as follows: 784.03 Battery; felony battery.- (1)(a) The offense of battery occurs when a person: 1....

...(2) Whoever commits aggravated battery shall be guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. The State asserts that the trial court committed reversible error by failing to apply the plain language of section 784.03(2), Florida Statutes (1997), in finding that appellant's prior conviction for aggravated battery did not qualify as a prior conviction for battery for purposes of the statute....

...Because battery as defined in the plain language of the statute is classified as a misdemeanor offense and because the interpretation given to the statute by the trial court does not create an absurd or unreasonable result and is more favorable to the accused, we affirm the order of the trial court and hold that section 784.03, Florida Statutes (1997), requires that a defendant have two prior convictions for battery as defined in section 784.03 (1997), Florida Statutes, to be convicted of felony battery pursuant to that section. However, we certify the following question to the Florida Supreme Court: CAN A CONVICTION FOR AGGRAVATED BATTERY SERVE AS A PRIOR CONVICTION FOR BATTERY FOR PURPOSES OF SECTION 784.03(2), FLORIDA STATUTES? BENTON, J., and SHIVERS, DOUGLASS B., SENIOR JUDGE, CONCUR. KAHN, J., DISSENTS WITH WRITTEN OPINION. KAHN, J., dissenting. Appellant Warren is a "person who has two prior convictions for battery...." § 784.03(2), Fla....

committing the crime of battery in violation of section 784.03 of the Florida Statutes (2008), a first degree

...The State properly concedes that the trial court reversibly erred in reclassifying the defendant's battery conviction from a first degree misdemeanor to a third degree felony. Accordingly, we reverse. The defendant was charged with committing the crime of battery in violation of section 784.03 of the Florida Statutes (2008), a first degree misdemeanor....

...State, 852 So.2d 226, 230-31 (Fla.2003)). The trial court shall vacate petitioner's convictions and sentences for battery on a law enforcement officer. The jury's verdict, however, supports convictions for the lesser included offense of misdemeanor battery. § 784.03(1), Fla....

...Accordingly, the trial court erred in denying Bonge's motion to dismiss and we reverse. *1232 Bonge was charged by information with battery on a person 65 years of age or older, contrary to section 784.08(2)(c), Florida Statutes. This offense incorporates the elements of the offense of battery as contained in section 784.03....

...Based upon the facts admitted in the traverse, the State could not establish a prima facie case for the offense of battery. Section 784.08, which proscribes battery on a person 65 years of age or older, incorporates the definition of battery contained in section 784.03. Section 784.03(1)(a) defines battery as occurring when a person actually and intentionally touches or strikes another person against the will of the other or intentionally causes bodily harm to another person....

another person against the will of the other.” § 784.03(l)(a)(l), Fla. Stat. (2009). The battery becomes

...the *345 victim was $13,569.00, not $21,383.90. Accordingly, we reduce the total amount of restitution ordered from $21,383.90 to $13,569.00. AFFIRMED as modified. DAUKSCH and GOSHORN, JJ., concur. NOTES [1] § 784.045(1)(a)1, Fla. Stat. (1993). [2] § 784.03, Fla....

...Columbo's expert opinion —which had been proffered long before the trial, and was known to the defense— that young children often make such anatomical mistakes. AFFIRM. THOMPSON, C.J. and SAWAYA, J., concur. NOTES [1] § 794.011(2), Fla. Stat. [2] § 784.03, Fla....

...We affirm on all grounds and write only to address the state's cross-appeal. On September 7, 2005, Warthen was charged by information with two counts of armed kidnapping, two counts of sexual battery, and three counts of felony battery. The felony battery counts were predicated on prior battery convictions. See § 784.03(2), Fla....

...Harbaugh, 754 So.2d at 694 (holding that one jury must decide all the elements in a bifurcated trial). [3] Accordingly, subjecting Warthen to retrial would subject him to double jeopardy for those crimes which the jury resolved. Affirmed. SHAHOOD, C.J., and KLEIN, J., concur. NOTES [1] Under section 784.03(2) felony battery is defined as "[a] person who has one prior conviction for battery ......

...ection 916.16, Florida Statutes. We reverse, concluding that on the record before us the court lacked jurisdiction to enter that order. Appellant was charged by information with having committed a misdemeanor, a battery on his mother in violation of section 784.03, Florida Statutes....

on the offense of misdemeanor battery under section 784.03(1), Florida Statutes (2010), in accordance

striking another person against his or her will. § 784.03, Fla. Stat. (2011). He argues that his conviction

...See, e.g., Ready v. State, 636 So.2d 67, 68 (Fla. 2d DCA 1994); Stidham v. State, 567 So.2d 14, 15 (Fla. 2d DCA 1990); Jaggers v. State, 536 So.2d 321, 330 (Fla. 2d DCA 1988). Because there was sufficient evidence to support a conviction pursuant to section 784.03(1)(a), Florida Statutes (2001), for the necessary lesser included offense of battery, we direct the trial court on remand to enter a conviction for that offense and to resentence Thornton accordingly....

...We affirm the defendant's conviction and sentence. However, we remand the case to the trial court to correct a scrivener's error. St. Georges v. State, 948 So.2d 1008 (Fla. 4th DCA 2007). The first prior offense listed on the scoresheet is aggravated assault, which is listed as a violation of section 784.03, Florida Statutes. Section 784.03 is the battery statute....

Florida’s simple battery statute, Fla. Stat. § 784.03(1)(a), which contains two numbered phrases — “touches

improper for a felony battery conviction under section 784.03(2), Florida Statutes, because that statute

...The appellant challenges the order by which the trial court denied his Florida Rule of Criminal Procedure 3.800(a) motion to correct an illegal sentence. Although we affirm the order under review, we write to address one of the appellant's claims. The appellant was convicted of felony battery under section 784.03(2), Florida Statutes (1996), which provides that when a person has two prior convictions for battery, a third or subsequent conviction for battery will be a felony of the third degree....

...Because the legal analyses required to address the issues in Gayman and in the present case appear to us materially indistinguishable, the resulting holdings must be consistent. We accordingly conclude that there was no double jeopardy violation in the present case because section 784.03(2) felony battery is a separate substantive offense and not a mere enhancement of the crime of battery....

Intentionally causes bodily harm to another person.” § 784.03(1)(a), Fla. Stat. (2022) (spacing between paragraphs

of delinquency for battery, in violation of section 784.03(1)(a), Florida Statutes (2024), and placing

maximum allowable sentence of one year. See section 784.03, Florida Statutes (1995). In a recent and factually

...With regard to the battery count, the information charged that appellant "on the 14th day of June A.D. 1985, in the County and State aforesaid, did then and there commit a battery upon Janice Brown by actually and intentionally touching or striking her, against the will of said Janice Brown, contrary to F.S. 784.03(1)." The statute allegedly violated provides: 784.03 Battery....

felony. Battery is a first-degree misdemeanor. Section 784.03(2), Fla.Stat. (1991). The trial court, upon

...“Simple battery occurs when a person actually and intentionally touches or strikes another person against the will of the other or intentionally causes bodily harm to another person.” C.A.C. v. State, 771 So. 2d 1261, 1262 n.1 (Fla. 2d DCA 2000) (citing § 784.03(1)(a), Fla....

...“Simple battery occurs when a person actually and intentionally touches or strikes another person against the will of the other or intentionally causes bodily harm to another person.” C.A.C. v. State, 771 So. 2d 1261, 1262 n.1 (Fla. 2d DCA 2000) (citing § 784.03(1)(a), Fla....

Statutes (2004), and battery in violation of section 784.03, Florida Statutes (2004). The court sentenced

arrested on a charge of battery in violation of section 784.03(l)(a), Florida Statutes (1993). *70When T.W

Intentionally causes bodily harm to another person.” § 784.03(l)(a), Fla. Stat. (2002). Intent to commit a battery

could not have committed a battery on the officer. § 784.03(l)(a), Fla.Stat. (1991). Therefore, we reverse

person against the will of that person.” Fla.Stat. § 784.03 (1991). See Biles v. State, 700 So.2d 166, 167

THREADGILL and LAZZARA, JJ., concur. . Violations of § 784.03, Fla.Stat. (1991), and § 800.04(3), Fla.Stat.

with was battery, a first-degree misdemeanor. Section 784.03(2). Because no other felony was joined with

of simple battery.” The court reasoned that section 784.03, Florida Statutes, “establishes the crime of

“[ijnten-tionally causes bodily harm to another person.” § 784.03(l)(a), Fla. Stat. (2005). The definition of felony

in fact, it is a first-degree misdemeanor. Section 784.03(2), Florida Statutes (1993). ERVIN and LAWRENCE

victim and therefore a battery conviction under section 784.03(l)(a) would not be possible. This refutes petitioners’

jury and found guilty of battery, contrary to Section 784.03, Florida Statutes (1982), based on an altercation

description of the crime and improperly references section 784.03(2), Florida Statutes. Accordingly, we remand

prior convictions), a third-degree felony. See § 784.03(2), Fla. Stat. (2010). Pursuant to the plea,

without a warrant for a battery as defined in section 784.03, Florida Statutes, when the crime is committed

third-degree felony battery in violation of Fla. Stat. § 784.03; and (4) felony battery causing great bodily harm

offense.” Battery is a first-degree misdemeanor, see § 784.03(2), Fla.Stat. (1993), which is punishable by a

conviction, it has done so in explicit terms. See § 784.03(2), Fla. Stat. (1999) (“For purposes of this subsection

...Markham, Assistant Attorney General, Tallahassee, for Appellee. PER CURIAM. In this case, we address whether a prior conviction for the offense of sexual battery, in this case one committed in Mississippi, is a proper predicate to prove felony battery under section 784.03(2), Florida Statutes (2001)....

...C.M., against the will of the other; or did intentionally cause bodily harm to that person, and the defendant has a prior conviction for a battery including Mississippi case # 2008- 78-MP-2 (Sexual Battery),[1] contrary to Section 784.03(2), Florida Statutes. Defense counsel filed a motion to dismiss the felony battery count pursuant to Florida Rules of Criminal Procedure 3.190(b) on the basis that the prior sexual battery in Mississippi was not a proper pr...

...st, physical therapist, chiropractor, legal guardian, parent, stepparent, aunt, uncle, scout leader or coach. § 97-3-95, Miss. Code (2015) (effective without amendment since 1998). 2 784.03(2) which includes only battery, aggravated battery, and felony battery. Counsel argued that the statute, a penal one, should be strictly construed. The trial court denied the motion and the jury found Mr. Osborn guilty of battery. In a bifurcated proceeding, the jury found that the Mississippi sexual battery was a battery conviction for purposes of section 784.03(2). Consequently, Mr. Osborn was adjudicated guilty of felony battery. He now appeals the denial of the motion to dismiss. Section 784.03(2) provides that a misdemeanor battery is reclassified as a felony battery if the offender “has one prior conviction for battery, aggravated battery, or felony battery.” § 784.03(2), Fla....

...whether it can be considered a battery for purposes of reclassification. The decision in Aldacosta v. State, 41 So. 3d 1096 (Fla. 2d DCA 2010), which addressed whether a lewd and lascivious battery is a qualifying offense, is instructive. Because section 784.03(2) did not explicitly include lewd and lascivious battery, the Second District reasoned that “if lewd or lascivious battery is to be treated as a qualifying offense, it must obtain this status under the general references in section 784.03(2) to ‘battery’ or ‘felony battery.’” Id....

...The court, referencing the supreme court’s seminal decision in State v. Warren, 796 So. 2d 489 (Fla. 2001), stated: The Legislature responded to Warren[2] by adding the terms “aggravated battery” and “felony battery” to section 784.03(2). See ch. 2001-50, § 4, at 320, Laws of Fla. The Legislature did not include lewd or lascivious battery in the list of qualifying prior offenses. “Battery” is specifically defined by statute, and section 784.03(2) does not refer to a prior conviction for “any battery.” Additionally, unlike the offense of aggravated battery at issue in Warren, lewd or lascivious battery can be committed without touching or striking another person against his or her will....

...sarily commits a battery if he commits a sexual battery. A “battery” occurs when a person “actually and intentionally touches or strikes another person against the will of the other; or intentionally causes bodily harm to another person.” § 784.03(1)-(2), Fla. Stat. A “sexual battery” is the “oral, anal, or vaginal penetration by, or union with, the 2 The State avers that “Section 784.03(2) was amended in May, 2001, after Warren I was decided, but before the Supreme Court’s opinion in Warren II was issued in July, 2001.” Warren II is not the ultimate authority, however, because the effective date of the statutory a...

to support a conviction of simple battery. Section 784.03, Florida Statutes (1975). Since all the evidence

intentionally causes bodily harm to another person. See § 784.03(l)(a), Fla. Stat. (1999).

276 (Fla. 4th DCA 1995)(emphasis added); accord § 784.03(l)(a), Fla. Stat. (1999). In this case, while

the intent to impede the officer’s pursuit. Section 784.03(l)(a), Florida Statutes (2000), provides: The

Concur. . § 810.02(2)(a), Fla. Stat. (1997). . § 784.03(l)(b), Fla. Stat. (1997). .An unrelated charge

...We find merit to only one ground for relief: whether the trial court erred in classifying Johnson as a Prison Releasee Reoffender (PRR). The issue for resolution is whether, subsequent to State v. Hearns, 961 So.2d 211 (Fla.2007), the appellant's charge under section 784.03, Florida Statutes (2005), of battery by a person detained in a detention facility is a qualifying offense for purposes of the PRR Act....

Child Abuse Fla. Stat. 827.03(1) Battery Fla. Stat. 784,03 Comment This instruction is based on section

committing a battery on the victim in violation of section 784.03(1)(a)1., Florida Statutes (2021). It was alleged

5 Battery is a first-degree misdemeanor. § 784.03(1)(b), Fla. Stat. (2020). However, a prior battery

definite term of imprisonment not exceeding 1 year”); § 784.03(1), Fla. Stat. (2003) (proscribing simple battery

charged him with felony battery pursuant to section 784.03(1) and (2), Florida Statutes (2005). The felony

, and FRANK D. UP-CHURCH, Jr., J., concur. . § 784.03 Fla.Stat. (1977), Battery. (1) A person commits

on the commission of a battery as defined in section 784.03(1), Florida Statutes. The existence of the

assesses this surcharge for a violation of section 784.03 (battery statute), and section 985.03(58) defines

1980, had committed a battery in violation of Section 784.03(1), Florida Statutes (1979). S.M. pleaded nolo

second or subsequent offense, a violation of section 784.03(2), Florida Statutes (2015); Mr. Brown admitted

of battering another person in violation of Section 784.03(l)(a), Florida Statutes (1975).1 His challenge

another person against the will of the other.” § 784.03(l)(a)l, Fla. Stat. (2015). The February 25 incident

- . §§ 784.03, 741.28, Fla. Stat. (2011). . § 784.03, Fla. Stat. (2011).

victim of J.C.’s misdemeanor conviction under section 784.03, Florida Statutes (2014), was comparable to

touching of another against that person’s will. See § 784.03(1)(a)1., Fla. Stat. (2015). Thus, for Appellant

. See § 843.01, Fla. Slat. (1993). . See § 784.03, Fla. Slat. (1993). .Section 921.0013(2), Florida

determination of delinquency on one count of battery. See § 784.03, Fla. Stat. (2010). For the following reasons

the crime charged was “in violation of Florida Statute 784.03” which is the misdemean- or statute. Here

three-year prison sentence for felony battery. See § 784.03(2), Fla. Stat. (2021). We have jurisdiction. See

guilty to a charge of battery in violation of section 784.03, Florida Statutes, a first-degree mis*67demeanor

omitted). Battery is a first-degree misdemeanor. § 784.03(1)(b), Fla. Stat. (2020). However, a prior battery

of battery on a pregnant woman pursuant to Section 784.03(2), Florida Statutes (1999). See Dix v. State

Statutes (1992), and battery on a spouse under section 784.03(1)(a), Florida Statutes (1992). After serving

violation of Florida’s battery statute, Fla.Stat.Ann. § 784.03 (1976). Carpenter’s affidavit tendered to the

and BLACK, JJ., Concur. 1 . § 784.03(2), Fla. Stat. (2011) (a third-degree felony)

045(1)(a), Fla. Stat. (2016). 2 . See § 784.03, Fla. Stat. (2016).

“Battery (Domestic)” charge titled “Battery F.S. 784.03,” referring to the general battery statute. The

concur. . § 784.02 l(l)(a), Fla. Stat. (2005). . § 784.03, Fla. Stat. (2005).

convicted him of both simple battery under section 784.03(1), Florida Statutes (2021), and battery on

conviction for felony battery, pursuant to section 784.03(2), Florida Statutes, in subsequent delinquency

criminal count of battery, as described in Section 784.03, Florida Statutes (1981), is not intended to

serve as prior convictions for purposes of section 784.03(2), Florida Statutes (1999). I would reverse

deadly weapon in doing so. See § 784.045(l)(a)2 and § 784.03(l)(a) (1997). For these collateral acts to be

PRIOR CONVICTION FOR BATTERY FOR PURPOSES OF SECTION 784.03(2), FLORIDA STATUTES? AFFIRMED; QUESTION CERTIFIED

...Coffin was charged with the misdemeanor of obstruction of justice without violence under Fla. Stat. Ann. § 843.02. Mr. Coffin was charged with several felonies: two counts of battery on a law enforcement officer under Fla. Stat. Ann. § 784.07(2)(b) and § 784.03(1); resisting an officer with violence under Fla....

...Coffin was charged with the misdemeanor of obstruction of justice without violence under Fla. Stat. Ann. § 843.02. Mr. Coffin was charged with several felonies: two counts of battery on a law enforcement officer under Fla. Stat. Ann. § 784.07(2)(b) and § 784.03(1); resisting an officer with violence under Fla....

(Fla.2002). The crime of battery is defined in section 784.03(1)(a), Florida Statutes (2005), and occurs

subsequently adjudicated guilty on both counts, section 784.03 and section 784.07(2)(b), Florida Statutes

second-degree felony the crime of simple battery, section 784.03 of the Florida Statutes (1985), when the defendant

...Fla. Stat. § 784.07(2). A person commits battery if he: (a) Actually and intentionally touches or strikes another person against the will of the other; or (b) Intentionally causes bodily harm to an individual. Fla. Stat. § 784.03(1)....

enforcement officer under Fla. Stat. § 784.07(2)(b) and § 784.03(1); resisting an officer with violence under Fla

was charged with misdemeanor battery under section 784.03, Florida Statutes (1991). Y.S. appeared for

Bethea was convicted of battery, in violation of section 784.03(1), Florida Statutes (2018). The trial court

based on a prior battery conviction under section 784.03(2), Florida Statutes. The jury convicted him

...ed of violating, a battery could be committed in any one of three ways: by intentionally causing bodily harm to the victim, or by intentionally striking the victim, or by actually and intentionally touching the victim. Id. at 1269; see Fla. Stat. § 784.03(1)(a)....

...The Supreme Court determined that nothing in the record of Johnson’s 2003 battery conviction established that he did anything more than the least of those three things: “‘actually and intentionally touch[ing]’ the victim.”1 130 S.Ct. at 1269 (quoting Fla. Stat. § 784.03(1)(a) (brackets omitted))....

...not reveal which alternative means of committing the offense had been the basis for conviction. See id. at 1269. 4 armed career criminal if “‘[a]ctually and intentionally touch[ing] another person, Fla. Stat. § 784.03(1)(a), (2) (2003), ‘has as an element the use ....

section 743.03(l)(a) should be corrected to read section 784.03(l)(a). COBB, W. SHARP and HARRIS, JJ., concur

guilt by the trial judge of battery pursuant to section 784.03(l)(a)l, Florida Statutes (2007), arising out

...earing to challenge the amount. Fulmore v. State, 634 So.2d 829 (Fla. 5th DCA 1994); Smith v. State, 622 So.2d 638 (Fla. 5th DCA 1993). REVERSED and REMANDED. GOSHORN, GRIFFIN and THOMPSON, JJ., concur. NOTES [1] § 812.13(2), Fla. Stat. (1993). [2] § 784.03, Fla....

, concur. APPENDIX 8.3 BATTERY § 784.03, Fla. Stat. To prove the crime of Battery

of another person against that person’s will. § 784.03(1), Fla. Stat. (2008). . Due to our holding

of another person against that person’s will. § 784.03(1), Fla. Stat. (2008).

delinquent for committing a battery in violation of section 784.03, Florida Statutes (1993). We find merit in

...ee, for Appellee. PER CURIAM. The appellant’s conviction and sentence are affirmed in this Anders 1 appeal, but we remand for correction of the statute citation in the written judgment that reflects the appellant was convicted under section 784.03(2), Florida Statutes 1 Anders v....

(1975). . § 784.011, Fla.Stat. (1975). . § 784.03, Fla.Stat. (1975).

with two counts of battery in violation of section 784.03, Florida Statutes, and one count of criminal

...o which he did not object, we find any error was harmless. State v. DiGuilio, 491 So.2d 1129 (Fla.1986). AFFIRMED. W. SHARP, GRIFFIN and THOMPSON, JJ., concur. NOTES [1] § 782.04(2), Fla. Stat. (1993). [2] § 784.045(1)(a)1., Fla. Stat. (1993). [3] § 784.03, Fla....

DAUKSCH, W. SHARP and ANTOON, JJ., concur. . § 784.03, Fla. Stat. (1995).

violence battery against Former Wife pursuant to section 784.03(1), Florida Statutes (2021). Not only was Former

...either hearsay or direct evidence—that any kind of battery occurred. To establish that a battery occurred, the State had to show that Mr. Cerny intentionally touched or struck his father against his will or intentionally caused him bodily harm. See § 784.03(1), Fla....

reflects the appellant was convicted under section 784.03(2), Florida Statutes (2013). Instead, she was

concur. . § 794.011(2), Fla.Stat. (1989). . § 784.03, Fla.Stat. (1989).

...___, 130 S.Ct. 1265, 1269, 176 L.Ed.2d 1 (2010). In Florida, the word "battery" "refers to the touching or striking of another person." State v. Warren, 796 So.2d 489, 490 (Fla. 2001). Florida law treats "simple" battery as a misdemeanor, Fla. Stat. § 784.03(1)(b), but converts conduct constituting a simple battery into a felony offense when the conduct is committed under certain circumstances or by certain persons....

...§ 784.074(1)(c), and as is a simple battery committed on a person sixty-five years of age or older, Fla. Stat. § 784.08(2)(c). Additionally, a simple battery committed by a person with a prior battery conviction is treated as a felony, Fla. Stat. § 784.03(2)....

...ly require significant force or violence. United States v. Joseph, 371 Fed.Appx. 70 (11th Cir.2010) ("Pursuant to the Supreme Court's recent decision in Johnson, we conclude that the Florida offense of simple battery, as defined by Fla. Stat. Ann. §§ 784.03 and 784.07, will not invariably constitute a crime of violence under the Guidelines....

...§ 784.041 as the statute existed at the time of defendant's offense. [3] A person commits simple battery when he either "[a]ctually and intentionally touches or strikes another person against the will of the other" or "[i]ntentionally causes bodily harm to another person." Fla. Stat. § 784.03(1)(a)(1996).

...Where appropriate, the court may also clarify a point of law with a brief, clear response. There are two distinct definitions of the offense of battery. The first definition involves the actual and intentional touching of another against their will. See § 784.03(1)(a)1, Fla. Stat. (2000). It was this definition that was used as the jury instruction in the instance case. The second definition involves the intentional causing of bodily harm. See § 784.03(1)(a)2, Fla....

...Sharwell, Assistant Public Defender, Bartow, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Kiersten E. Jensen, Assistant Attorney General, Tampa, for Appellee. WALLACE, Judge. Johnny Bernard Hall appeals his judgment and sentences for felony battery under section 784.03(2), Florida Statutes (2013), and violation of an injunction for protection against domestic violence under section 741.31(4)(a)(3), Florida Statutes (2013)....

“Battery (Domestic)” charge titled “Battery F.S. 784.03,” referring to the general battery statute. The

. § 812.014(2)(c)(l), Fla. Stat. (2000). . § 784.03, Fla. Stat. (2000). . Nelson v. State, 274 So

of battery is a misdemeanor, not a felony. See § 784.03(2), Fla. Stat. Although there was no objection

battery need not be sufficient to injure. See Section 784.03, Florida Statutes (1975); and Restatement,

Significant to this issue is the *157fact that a section 784.03 battery constitutes a misdemeanor of the first

I agree that simple battery in violation of section 784.03, Florida Statutes, is a category one (one step

PER CURIAM. Affirmed. § 776.012, § 784.03, Fla. Stat. (2007); R.I. v. State, 561 So.2d 26 (Fla. 3d DCA

Khianthalat v. State, 974 So. 2d 359, 361 (Fla. 2008); § 784.03(1)(a)1., Fla. Stat. (2021). The State presented

offense of felony battery, a third degree felony. § 784.03(2), Fla. Stat. (2015). Appellant now argues this

release. He was charged with a violation of section 784.03(2), which provides: A person who has one prior

and visually intruding into her private 1 See § 784.03(1), Fla. Stat. (2020) (defining misdemeanor battery);

causes bodily harm to another person. Fla. Stat. § 784.03 (2001). The statute contains two numbered elements

conviction and sentence for battery, a violation of section 784.03, Florida Statutes (1993). He argues that since

...Johnson Decision 7  In Johnson, the Supreme Court examined a battery offense under Florida law, which occurs when a person either actually and intentionally touches another person against his will or “intentionally causes bodily harm to another person,” Fla. Stat. § 784.03, to determine if the offense qualifies as a violent felony under the ACCA....

enforcement officer under Fla. Stat. § 784.07(2)(b) and § 784.03(1); resisting an officer with violence under Fla

...*806 William E. Taylor, Tampa, for Appellant. Robert A. Butterworth, Attorney General, Tallahassee, and Deborah F. Hogge, Assistant Attorney General, Tampa, for Appellee. PATTERSON, Judge. Andrew Lepak appeals from his judgment and sentence for battery under section 784.035, Florida Statutes (1995), the domestic violence statute....

...A defendant cannot be convicted of a nonexistent crime, even if no objection was raised in the trial court. See Achin v. State, 436 So.2d 30 (Fla.1982); Stephens v. State, 444 So.2d 498 (Fla. 2d DCA 1984). Therefore, we reverse Lepak's conviction for battery under section 784.035. However, because the State sufficiently proved the elements of battery to sustain a conviction under section 784.035, the double jeopardy provisions of the Fifth Amendment do not bar Lepak's prosecution for battery under section 784.03, Florida Statutes (1995)....

judgment and sentence for a felony battery under section 784.03(2), Florida Statutes (2012), which required

...36 at 4.) Plaintiff also asserts that Gina "specifically told Deputy Klein that there had been no physical contact" between her and Plaintiff. ( Id. ) Deputy Klein, based on her conversation with Plaintiff, arrested him for battery in violation of Fla. Stat. § 784.03( l )(a)....

...ton, Dickens and Eslinger; *794 (4) Attorney's fees will not be awarded should Plaintiff prevail while working as a pro se litigant; and (5) Plaintiff's Motion for Extension of Time (Doc. 37) is DENIED AS MOOT. DONE and ORDERED. NOTES [1] Fla. Stat. § 784.03(1)(a) states: The offense of battery occurs when a person: 1....

appellant with felony battery in violation of section 784.03(2). It alleged the commission of a battery

misdemeanor offense of simple battery, proscribed by Section 784.03, Florida Statutes (1977). Englund v. State

§§ 784.011, 787.021, Fla.Stat. (1989). . See § 784.03, Fla.Stat. (1989).

Kimberly’s legs was a simple battery, a misdemeanor, Section 784.03, Florida Statutes (1975). Since this alleged

C.B. pled guilty to battery in violation of section 784.03, Florida Statutes (1991). Thereafter, on December

...ether the act occurred as a result of the victim's consent. Since the testimony was relevant on the sexual battery charge, no error existed in admitting it. AFFIRMED. GOSHORN and THOMPSON, JJ., concur. NOTES [1] § 794.011(5), Fla. Stat. (1995). [2] § 784.03, Fla....

could not have been convicted of battery under section 784.03, Florida Statutes (1993), citing L.S. v. State

on the verdict form were for battery under section 784.03, and for an unnatural or lascivious act under

Rogers was a habitual violent felony offender. See § 784.-03, Fla.Stat. (1991). This finding is contrary to

the surcharge on any defendant who “violates” section 784.03 without exception for juveniles. The State

part. HARRIS, C.J., and PETERSON, J., concur. . § 784.03, Fla.Stat. (1991). . § 843.02, Fla.Stat. (1991)

paragraph stating that if the reclassification in section 784.03(2), Florida Statutes (2018), was charged and

paragraph stating that if the reclassification in section 784.03(2), Florida Statutes (2018), was charged and

disposition hearing on misdemeanor battery. Section 784.03(2), Florida Statutes (2000), provides that

against his wife, in violation of Fla. Stat. § 784.03(1). He eventually was sentenced to six months

felony, rather than a first degree misdemeanor. See § 784.03, Fla. Stat. (2002). Accordingly, we affirm except

misdemean- or offense of simple battery. See § 784.-03(2), Fla.Stat. (1981). Accordingly, the trial court

simple assault and battery within the purview of § 784.03, Fla.Stat., F.S.A., and that such a finding was

REMANDED. GRIFFIN and ORFINGER, JJ„ concur. . See § 784.03(2), Fla. Stat. (2009).

...le and spun me." Id. at 968. Based principally upon this testimony, we concluded that an intentional ramming of a vehicle and the resulting spinning of the passenger qualified as an intentional touching for purposes of proving a simple battery under section 784.03(1)(a), Florida Statutes (1999)....

causes bodily harm to another person.” Fla. Stat. § 784.03(1)(a). The present-day version of the Florida

intentionally causes bodily harm to another person. See § 784.03(1)(a), Fla. Stat. (1999).

process grounds. . § 784.011, Fla.Stat. (1983). . § 784.03, Fla.Stat. (1983).

molestation of a child under the age of twelve. See § 784.03(1)(a), Fla. Stat. (2020); § 794.011(2)(a), Fla

...n sentences, and the written sentences are illegal. The plea agreement called for the circuit court to sentence the defendant as follows:  Count One, a third degree felony battery arising after a prior battery conviction, in violation of section 784.03(2), Florida Statutes (2012) – Five years as a prison releasee reoffender (PRR); and Count Two, the third degree felony of false imprisonment, in violation of section 787.02(2), Florida Statutes (2012) – Fiv...

...ged lewd and lascivious molestation. Accordingly, the prohibition against double jeopardy prohibits the State from retrying the appellant on that charge. See id. at 88-89. On remand, the State may only retry the appellant for battery in violation of section 784.03, Florida Statutes (2007), the only other lesser-included offense on which the jury was instructed....

(1967). . § 790.23(1), Fla. Stat. (2006). . § 784.03(l)(a), Fla. Stat. (2006).

“violation of law,” specifically, a violation of section 784.03, is the necessary predicate for the imposition

intentionally caused bodily harm to the victim. § 784.03(l)(a), Fla. Stat. (2008). A felony battery conviction

DCA 1984) (holding that the word “person” in section 784.03(l)(a) “means person or anything intimately

conviction for simple battery under Florida Statute § 784.03 satisfied the elements clause of the Armed Career

2 Section 784.03 of the Florida Statutes provides that the offense

sufficient to prove the crime of battery under section 784.03(1)(a), Florida Statutes (2005). Id. at 1251

caus[ing] bodily harm to another person.” Fla. Stat. § 784.03(1)(a). Badia’s use of force left Richmond

on the charge of felony battery pursuant to section 784.03(1) and (2), Florida Statutes (2007).1 The jury

be punished as a third-degree felony under section 784.03(2), Florida Statutes (2010). Without such evidence

(1993). . § 810.02(3), Fla.Stat. (1993). . § 784.03, Fla.Stat. (1993).

G., E.G., and C.C. were charged with battery. § 784.03, Fla. Stat. (2004). J.G. was also charged with

...(Crim.) 15.1 (robbery); 8.3 (battery). Because the allegations in the Information included elements of battery, specifically that Wallace "did GRAB AND/OR CHOKE CARLOS ANDINO WHILE TAKING A BACK PACK AND/OR IPOD," and the jury was properly instructed as to battery, see § 784.03, Fla....

under case number DM 02-000423 pursuant to section 784.03, Florida Statutes (2002). The State then filed

conclude that a charge was made pursuant to section 784.03(1)(a)2, Florida Statutes (2023).4 Thus, in

which consists of a simple battery under section 784.03(1)(a), Florida Statutes (2006), and an enhancement

or intentionally causes bodily harm to another. § 784.03(l)(a), Fla. Stat. (2009). Accordingly, one can

convicted of two counts of the same statute — section 784.03(l)(a), Florida Statutes. Clearly, the two batteries

Fla. Slat. (2000), a second degree felony. . § 784.03, Fla. Slat. (2000). . § 812.13(c), Fla. Stat

the appellant with battery in violation of section 784.03, Florida Statutes (1985). Pursuant to a plea

medical care provider. Appellant is correct. Section 784.03 of the Florida Statutes provides that the offense

offense” of simple battery, a misdemeanor, under section 784.03, Florida Statutes.1 It is clear that a plea

’s intent, a necessary element of battery. See § 784.03, Fla. Stat. (2001). In pronouncing B.J. guilty

Statutes, when, in fact, battery is a violation of section 784.03, Florida Statutes (1991), and is a first degree

section 800.04(7)(b), and battery, pursuant to section 784.03. On September 8, 2021, the State filed a three-

charged defendant with aggravated battery under section 784.03(l)(a), (b) and 784.045(l)(b), Florida Statutes

concur. . § 893.13(l)(f), Fla.Stat. (1991). . § 784.03, Fla.Stat. (1991).

JJ., concur. . § 784.07, Fla.Stat. (1993). . § 784.03(2), Fla.Stat. (1993). .§ 784.07(2)(b), Fla.Stat

. See § 794.011(5), Fla.Stat. (1981). . See § 784.03, Fla.Stat. (1981). .See § 777.04(4)(c), Fla

to harm or touch another against his will. See § 784.03(1), Fla.Stat. (1989); Russell v. State, 373 So

....07(2), Florida Statutes (2006), withholding adjudication, and placing her on probation. We reverse and remand with instructions to the trial court to enter a corrected order placing C.B. on probation for the lesser included offense of battery under section 784.03(1)....

...tated that "I transported her to the police department, decided to take her away from there. . . . [W]e just decided to take her to the station and put her in a holding cell." Section 784.07(2) provides an enhancement to the offense of battery under section 784.03(1), Florida Statutes (2006), by elevating the offense to a third-degree felony....

...Further, as in J.H.M., it is unlikely that this case ever became an arrest case because there is no evidence in the record that either officer ever communicated to C.B. that she was under arrest. Reversed and remanded to the trial court with instructions to enter a corrected order placing C.B. on probation for battery under section 784.03(1)....

the lesser included offense of battery under section 784.03(1). The State filed an amended delinquency

“[i]ntentionally causes bodily harm to another person.” § 784.03(l)(a), Fla. Stat. (2009). The trial court made

Stat. (1991). . § 787.02, Fla.Stat. (1991). . § 784.03, Fla.Stat. (1991). . U.S. Const., amend. VI

trial, for the offense of battery. We affirm. See § 784.03, Fla. Stat. (2022) (“The offense of battery occurs