8.3 BATTERY
Official jury instruction text reproduced for information. It is not legal advice; the instruction given in a case depends on the facts and the court.
- Instruction
- 8.3
- Statute
- § 784.03, Fla. Stat.
- Edition
- Florida Standard Jury Instructions in Criminal Cases, complete set published by The Florida Bar, updated October 9, 2026
- Official source
- The Florida Bar: criminal jury instructions
Elements
Quoted word for word from the official text. Florida Standard Jury Instructions in Criminal Cases, complete set published by The Florida Bar, updated October 9, 2026.
To prove the crime of Battery, the State must prove the following element beyond a reasonable doubt:
Give a. or b. or both depending on the charging document.
a. (Defendant) actually and intentionally touched or struck (victim) against [his] [her] will.
[or]
b. (Defendant) intentionally caused bodily harm to (victim).
Further findings
Special findings, enhancements, inferences and exceptions the instruction gives when they apply, word for word.
Dolan v. State, 187 So. 3d 262 (Fla. 2nd DCA 2016) states that the fact of a prior conviction must be proven to the jury beyond a reasonable doubt. Accordingly, the paragraph below should be given in a bifurcated proceeding if § 784.03(2), Fla. Stat. was charged and if the jury found the defendant guilty of Battery.
Now that you have found the defendant guilty of Battery, you must further determine whether the State proved beyond a reasonable doubt that the defendant was previously convicted of [Battery] [Aggravated Battery] [Felony Battery] [Resisting an Officer with Violence].
Lesser-included offenses
As the instruction lists them, word for word.
BATTERY — 784.03
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
|---|---|---|---|
| None | |||
| Attempt | 777.04(1) | 5.1 |
Related practice page
Assault and Battery Defense in Miami · Domestic Violence Defense in Miami · Violent Crimes Defense in Miami
Official source: The Florida Bar: criminal jury instructions
Official jury instruction text reproduced for information. It is not legal advice; the instruction given in a case depends on the facts and the court.