How To Prove A Florida Battery Claim
In Florida, a claim of Battery is defined as:
Battery is the intentional and offensive touching of another without lawful justification. In Florida, battery is a crime.
It simply means:
Touching someone in an unlawful way.
There are 3 elements of the claim:
- Element 1. The defendant actually and intentionally touched or struck another person or caused them bodily harm. In a battery claim, the defendant must have deliberately touched or hit someone else or caused them physical injury, showing that their actions were intentional and not accidental.
Facts that might support this element look like:
* The defendant approached the victim and forcefully pushed them, causing the victim to stumble and fall.
* Witnesses observed the defendant slap the victim across the face during an argument.
* The defendant threw a glass at the victim, resulting in a cut on the victim’s arm.
* The defendant grabbed the victim’s wrist tightly, causing visible bruising.
* The defendant punched the victim in the stomach, leading to immediate pain and discomfort. - Element 2. The touching was against the will of that person. The touching involved in a battery claim must occur without the person’s consent, meaning that the individual did not agree to or want the physical contact, making it an unwanted and potentially harmful action.
Facts that might support this element look like:
* The individual repeatedly stated they did not want to be touched and verbally expressed their discomfort.
* The person physically recoiled when approached, indicating a clear desire to avoid contact.
* Witnesses observed the individual attempting to move away from the aggressor, demonstrating a lack of consent.
* The individual had previously established boundaries regarding personal space, which were ignored.
* The touching occurred in a context where the individual felt threatened and unsafe, further indicating a lack of consent. - Element 3. The defendant had the criminal intent to commit the act. In a battery claim, it must be shown that the person intended to cause harm or offensive contact, meaning they acted with the purpose of hurting someone or knew their actions would likely lead to that result.
Facts that might support this element look like:
* The defendant was observed clenching their fists and approaching the victim in a threatening manner before the incident occurred.
* Witnesses reported that the defendant verbally threatened the victim moments before the physical altercation took place.
* The defendant had a history of aggressive behavior towards the victim, indicating a pattern of intent to cause harm.
* The defendant admitted to planning the confrontation with the victim prior to the incident, demonstrating premeditated intent.
* Surveillance footage shows the defendant deliberately striking the victim without provocation, indicating a clear intent to commit battery.
(See Florida Statute 784.03.)
If you’re in court without a lawyer and plan to assert a Claim of Battery, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge to effectively navigate your legal journey.
U.S. Civil Cases Only