elements of civil battery in florida

Florida Criminal Battery Law When the defendant makes physical contact with the victim, Florida state laws allow for prosecution of the act as a battery. Instead, it is possible to file a civil lawsuit for assault if no contact occurred. In Florida, the term battery means: Where there are no aggravating factors or enhancements at play (such as use of a weapon, serious bodily injury, or domestic violence) the offense is known as simple battery or misdemeanor battery.. Stay up-to-date with how the law affects your life. Your subscription was successfully upgraded. This issue frequently arises in cases where two people engage in a fight, or mutual combat. In Florida, mutual combat is a recognized battery defense predicated upon both parties assenting to a physical altercation and therefore consenting to be touched as an understood consequence of that altercation. 74-383; s. 9, ch. But don't go it alone, get professional help. that the defendant was simply reckless, i.e. Battery is a highly defendable charge, and an attorney is critical to avoiding the harsh consequences of a conviction. There must have been an ability present by the attacker. Police observe the red mark and take photographs. Attorneys fees awarded under this chapter shall be taxed as costs. An intentional attempt or threat to inflict injury on another person. If such statements are determined by the court to fall within a recognized exception to hearsay rules (i.e. In some states, the information on this website may be considered a lawyer referral service. 91-224; s. 5, ch. The offense of battery occurs when a person: Actually and intentionally touches or strikes another person against the will of the other; or. To commit the crime of misdemeanor battery, an accused does not have to injure the alleged victim. Complaint (eFiled) - VERIFIEDParty: Plaintiff Garcia, Rolando. This most commonly includes damages that can be calculated, such as: General damages may be awarded for losses that are not easily determined through monetary calculations, such as losses connected with: State laws can vary considerably in terms of compensatory damages. A felony is punishable by over a year in prison. If the person to whom a written demand is made complies with such demand within 30 days after receipt of the demand, that person shall be given a written release from further civil liability for the specific act of theft or exploitation by the person making the written demand. The intentional touching against another persons will is sufficient. A person who has a cause of action under this section may recover the damages allowed under this section from the parent or legal guardian of an unemancipated minor who is liable for the damages and who lives with his or her parent or legal guardian, if the person proves by clear and convincing evidence that the parent or legal guardian was aware of or recklessly disregarded facts demonstrating that the minor intended to commit the act giving rise to a cause of action under this section. These claims are unique in that, unlike many other civil claims, these cases involve an intentional act by the assailant. In this case, the secondary tenant failed to present counter-evidence. If the defendant can prove that they injured the plaintiff only because they reasonably believed that their property would be harmed if they did not injure them, the defendant may not be held liable for damages even though they admit that they injured the plaintiff. In the case of transferred intent involving an assault and battery, there will likely be two plaintiffs: the person who was the intended victim of the battery (who sues for assault) and the person who was actually physically harmed (who sues for battery). Before a Miami Beach police officer's trial opening statements started on Thursday in Miami-Dade County court, the judge had to deal with whether or not a fearful witness was going to testify . The application of one civil remedy under this chapter does not preclude the application of any other remedy, civil or criminal, under this chapter or any other provision of law.

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