An Overview Of Battery Charges In The State Of Florida

Interviewer: Why do we refer to this charge as battery?

Jay Arnesen: Battery is simply the harmful offense of touching of another without consent. It’s simply called battery because the Florida legislature termed it as that.

Interviewer: How is that different from assault?

Jay Arnesen: In different states, assault could mean the same thing as battery, but typically an assault is an attempted crime in Florida.

There are Two Forms of Battery Prevalent in the State of Florida

Interviewer: In the years that you’ve practiced, have you seen an increase or decrease in incidents of battery?

Jay Arnesen: Battery comes to me basically in 2 forms. I either get a domestic battery charge, which is normally a husband and wife, or 2 partners that get into an oral argument that culminates into physical abuse, that’s a domestic battery. Other than that, I get a straight forward battery, which could be a misdemeanor or a felony. Usually it’s when someone on the street gets into a fistfight with another person on the street. Those are the 2 forms that I have seen hundreds, if not thousands of times over the years.

The Typical Age of An Individual Charged with a Battery in Florida

Interviewer: Is there a typical age for an individual that is charged with battery?

Jay Arnesen: I’ve had batteries between juveniles, young adults, people in the middle of their life, in-between their 30’s and 50’s, and even higher than that.

The Evidence Utilized to Prosecute A Battery Charge In Florida

Interviewer: What evidence is needed to prosecute a battery case?

Jay Arnesen: Most of the time batteries are not witnessed by the police; therefore the state doesn’t have forensic proof in the form of a video to prove their case beyond a reasonable doubt against the defendant. Normally the state is relying on the victim’s statement; usually it’s a sworn affidavit, stating that the defendant alleges that my client physically hurt them. Now to prove that case, beyond a reasonable doubt, a jury at some point has got to believe the truth. Either they’re supposed to believe that my client, in fact, committed a battery for no good reason.

The Alleged Victim in a Battery Case May be Making False Accusations Against an Individual

But that’s not always the case, so a lot of times it comes down to who is more credible, is it the alleged victim, or is it the defendant? Just use your common sense. Most of the time two people don’t get into a fight for no good reason. Most of the times, a defendant doesn’t just walk up to somebody they don’t know, and just punch them in the face. There are usually facts and circumstances that go into this physical altercation. In my experience, a lot of times, the alleged victim, is usually angry that they threw the first punch. They’re upset.

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