BATTERY
In Florida, a Battery is 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.
Florida Statute 784.03 there is no requirement for an injury however, unlike an assault, there is a requirement for contact. In fact, a Battery can occur when there is a touching of an object “intimately connected” with the body such as a purse. Additionally, indirect contact can satisfy this element as throwing something at someone can constitute a battery.
Per Florida Statute 784.041 A Felony Battery occurs when:
As a result of the unlawful touching or striking, great bodily harm occurs; or after a previous conviction for Battery.
PENALTIES
A Battery Assault is considered a 1st degree misdemeanor in Florida and carries the following penalties:
Up to 1 year in county jail; or
Up to 1 year on probation;
Note: 784.03(2) A person who has one prior conviction for battery, aggravated battery, or felony battery and who commits any second subsequent battery commits a felony of the third degree. For the purposes of this subsection, “conviction” means a determination of guilt that is the result of a plea or a trial, regardless of whether adjudication is withheld or a plea of nolo contendere is entered.
DEFENSES
Different defenses are available depending on the facts of the case, however, not every case will have a defense. The defenses can be legal or factual in nature such as:
Self-defense;
Defense of others;
Defense of property;
Stand your ground;
Mutual combat;
Accidental touching;
Lack of intent;
Factual disputes.
