Under common law, criminal battery was generally defined as the intentional harmful or offensive touching of another human being. It did not matter whether the person became harmed or injured as a result of the touching. Florida Statutes generally define criminal battery as the intentional touching or striking of another person against his or her will, or intentionally causing bodily harm to another person. A state attorney may file a criminal charge of Felony Battery if there is sufficient evidence that the defendant committed battery that caused great bodily harm, disability, or disfigurement, thereby making it a more serious criminal offense. Aggravated Battery involves a battery where the person accused of the criminal offense intentionally or knowingly causes great bodily harm, causes permanent disability or disfigurement, uses a deadly weapon during the battery, or causes the battery of a pregnant woman where the assailant knew or should have known that the woman was pregnant. To prove the criminal violation of Battery, the State Attorney must prove beyond a reasonable doubt that the criminal suspect intentionally touched or struck the victim against his or her will, or that the criminal suspect intentionally caused bodily harm to the victim. To prove the criminal violation of Aggravated Battery, the State Attorney must prove beyond a reasonable doubt that in committing a battery, the criminal suspect intentionally or knowingly caused great bodily harm to the victim, permanent disability to victim, permanent disfigurement to victim, or used a deadly weapon. A weapon is a “deadly weapon” if it is used criminally or threatened to be used criminally in a way likely to produce death or great bodily harm. To prove the criminal violation of Felony Battery, the State Attorney must prove beyond a reasonable doubt that the criminal suspect actually and intentionally touched or struck the victim against his or her will, and that the criminal suspect caused the victim great bodily harm, permanent disability, or permanent disfigurement. These criminal charges are very serious and demand that the defendant hire a competent criminal defense attorney.
If you are in Miami Dade County, Fort Lauderdale, or Broward County and have been charged with the criminal offense of battery, contact Kenneth P. Hassett of Hassett and Associates, P.A. 24 hours per day seven days per week for a free consultation to discuss your rights with an experienced professional Miami Battery Defense Lawyer. Kenneth P. Hassett is a competent criminal defense lawyer practicing in Miami Dade County, Fort Lauderdale, and Broward County.
The information on this page does not represent legal advice. Florida Statues obtained from Online Sunshine, www.leg.state.fl.us, the official site of the Florida Legislature. Because the law is continually changing, some of the provisions contained herein may be out of date. It is always wise to seek counsel from an experienced criminal attorney like Kenneth Hassett.
If you have been charged as an Accessory After the Fact or a Principal in the First Degree to a criminal offense in Broward or Miami-Dade County, call Criminal Defense Attorney Kenneth P. Hassett.