People often get assault and battery confused. Each are distinct and separate crimes. There are many battery statutes on the books relating to different factual scenarios and each are treated differently. Some battery statutes specifically relate to firearms, law enforcement officers, elderly people, disabled people and more. Call us today to discuss your battery case.
Battery is defined in Florida Statute Section 784.03. In order to prove that you committed a battery, the State must prove:
- You intentionally touched or struck the victim against his or her will, or
- you intentionally caused bodily harm to the victim.
Yes. Technically, under the law, you could be convicted of battery for very minimal contact with the listed victim. For example, a brother could be convicted of battery for giving his brother a noogie or wet willie. The law is extremely broad and gives prosecutors great discretion over what conduct they will prosecute. Of course, what the State can prosecute and what a jury would find a citizen guilty of are two different things.
If you are charged with intentionally causing bodily harm to someone, the State doesn't have to prove that it was against the listed victim's will. If you are only charged with touching or striking someone, the State has to prove it was against their will.
Up to 1 year in jail.
Second or Subsequent Offense
Up to 5 years in prison
Felony Battery is defined in Florida Statute Section 784.041. To prove the crime of Felony Battery, the State must prove:
- You actually and intentionally touched or struck the victim against his or her will, and
- you caused the victim great bodily harm, permanent disability, or permanent disfigurement.
Felony Battery is a Third Degree Felony punishable by up to 5 years in prison.
The most common defense to battery is self defense. However, there are many other fact specific defenses. Give us a call to discuss the individual facts and possible defenses to your case.
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