What is battery?
Florida has a wide range of battery crimes:
Domestic Battery by Strangulation,
Domestic Violence Battery,
Aggravated Battery on a Pregnant Person,
Battery on a law enforcement officer,
Battery on a firefighter,
Battery on a paramedic.
The crime of misdemeanor battery requires that the State Attorney prove the following elements beyond a reasonable doubt:
Intentionally touches or strikes another person against their will; or
Intentionally causes bodily harm to another person.
Flicking a person's ear, for example, is a battery so long as it's done against the victim's will. Now, please notice the "or" between element 1 and element 2. Note that there is no requirement that the person be injured. Touching someone against their will is sufficient.
A note about Aggravated Battery
Aggravated battery is a second degree felony punishable by up to 15 years in Florida state prison. Essentially, it's a battery that causes great bodily harm or a battery that is committed with a deadly weapon, for example, a baseball bat, crow bar, or (even) a rock.
Some viable defenses...
Since an element of battery is that the contact be non-consensual, consent to the contact, such as mutual "horse-play" is a viable defense. Self defense, also known as justifiable use of force, is a defense to the crime of battery so long as you use non-deadly force to defend yourself against another person's unlawful attack.
There is Hope
If you or a loved one is arrested and charged with a battery offense, please call our 24-hour telephone number 305-461-1066 to set up an appointment and free consultation so we can assess your particular case and provide you with the best legal advice on how to proceed.
I want to hear your side of the story.
State and Federal Criminal Defense Attorney
55 Merrick Way ~ Suite 212
Coral Gables, Florida 33134
305-461-1066 (24 Hours)
We are solely a Criminal Defense Law Firm. That's all we do and all we have done since 1987.