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

Charged with battery in Orlando? The AM Lawyer provides strong legal defense for misdemeanor and felony battery cases. Free consultations available 24/7.

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

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

What Is Battery Under Florida Law?

Under Florida Statute § 784.03, battery occurs when someone:

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

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

Prosecution's Burden of Proof

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

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

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

Top Defenses to Battery Charges in Florida

1. Self-Defense (Justified Use of Force)

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

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

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

2. Defense of Others

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

3. Consent

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

4. Lack of Intent

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

5. False Accusation or Mistaken Identity

Battery charges are sometimes based on:

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

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

6. No Injury or De Minimis Contact

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

7. Mutual Combat

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

8. Insufficient Evidence

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

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

Frequently Asked Questions About Florida Battery Charges

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

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

What makes a battery charge a felony in Florida?

Battery becomes a third-degree felony if:

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

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

Is a minor push or shove considered battery?

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

Do I need a lawyer for a misdemeanor battery charge?

Absolutely. Misdemeanor battery can still result in:

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

Call an Orlando Battery Defense Lawyer Today

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

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

The AM Lawyer – Office Information

Located in: Day Building

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

Phone: 407.421.2043

Hours: Open 24 hours

Legal Citations Supporting Florida Battery Law

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

Orlando Criminal Defense Attorneys

At The AM Lawyer P.A. in Orlando, Florida, we are dedicated to delivering the highest level of legal representation to our clients. Led by Mr. Pedro Matos and Mr. Gilbert Arroyo, both highly experienced defense attorneys, our team has successfully handled thousands of cases throughout the state.

We understand that navigating the legal system can be overwhelming and stressful. That's why we are committed to making the process as seamless and stress-free as possible. Our dedicated team will fight for your rights and guide you every step of the way.

Types of Criminal Cases Our Orlando Criminal Lawyers Can Help You With:

Domestic Violence • Fraud • Petit Theft • Vandalism • Murder • Drug Charges • Possession of Cocaine • Drug Trafficking • Embezzlement • Sexual Assault • Stalking • Arson • Human Trafficking • Tresspass • Attempted Murder • Driving Under the Influence (DUI) • Aggravated Assault • Aggravated Battery • Assault • Battery • Boating Under the Influence (BUI) • Burglary • Child Neglect • Disorderly Conduct • Driving While License Suspended • Failure to Appear • False Imprisonment • Grand Theft • Grand Theft Auto • Habitual Traffic Offender • Kidnapping • Manslaughter • Possession of Marijuana • Property Damage • Reckless Driving • Retail Theft • Robbery • Speeding • Violation of Probation, and more.

What Our Clients Say

Real results and genuine testimonials from clients we've successfully represented

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 Trustindex verifies that the original source of the review is Google. 6 months ago I was arrested for allegedly speeding under the new super speeder law, and when Pedro Matos took my case he was there with me every step of the way, I was facing 10 days in jail and Pedro was able to dismiss with just a ticket. If you have any open criminal charges and need a lawyer I strongly recommend Pedro Matos and his colleagues they will take care of you.
  
 
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 Trustindex verifies that the original source of the review is Google. I cannot say enough good things about my attorney, Raul. He walked in looking like a million bucks, composed, sharp, and completely prepared. He carried himself with undeniable authority; his presence alone demanded respect. From the very beginning, Raul went above and beyond. He handled everything with a level of security and confidence that I genuinely cannot describe and have rarely seen in my life. His professionalism, command of the room, and strategic approach immediately put me at ease. What an amazing experience from start to finish. I recommend him above and beyond any lawyer I have ever worked with. If you are looking for someone who combines expertise, confidence, and true leadership, Raul is the one. Highly recommended.
  
 
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