3 Defenses to a Criminal Battery charge

Criminal Intent - 3 Defenses to a Criminal Battery charge

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Police continue to make more arrests for batteries- especially domestic associated batteries- every year. In Florida, a first time Battery can carry a punishment of one year in the county jail. A second time battery can carry 5-15 years in prison. Accordingly, if you are facing a criminal battery charge, it is foremost to be aware of the three most base defenses to your charge.

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Criminal Intent

1. Self-Defense

Florida law permits the criminal attorney at trial to argue the affirmative defense of self-defense. Affirmative defenses are known as "justification" defenses. In other words, the defense is an, "I-did-it-but-I-was-justified-because...". In Florida, one is entitled to use non-deadly force if he reasonably believes it is essential to protect himself, his family, or his property. Florida also permits the deadly use of force in petite circumstances; for example, the "kill or be killed" scenario.

2. Mutual Combat

Consider the situation of two boxers going into a ring to fight. On boxer beyond doubt clobbers the other boxer. When the fight is over, however, the winning boxer is not arrested. That is because the boxers had consented, or agreed, to the fight.

In Florida, the crime of battery requires unwanted harmful or bodily contact. Naturally then, if both parties agree to fight, the perceive cannot be unwanted.

3. No Intent

Battery requires the intent to commit the act. It is a defense to the charge of battery if the act of perceive was not intentional. Reconsider the case of a linebacker crashing into a referee. The referee may end up hurt, but if the linebacker did no accidentally and without intent, then no crime of battery would have been committed.

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