3 Defenses to a Criminal Battery Charge
Police continue to make more arrests for batteries- especially domestic related 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 important to be aware of the three most common defenses to your charge.
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 necessary to protect himself, his family, or his property. Florida also permits the deadly use of force in limited 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 absolutely 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 physical contact. Naturally then, if both parties agree to fight, the contact 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 contact was not intentional. Consider 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.