Florida Criminal Law: What Are the Elements of Battery?

In order to be convicted of a battery in Florida you must meet all elements of the crime. In Florida, a State Attorney or an Assistant State Attorney is responsible for charging the crime of battery and prosecute the crime. In order for the charge to be filed, there must be a determination as to whether the elements of the crime could be proven to a jury or judge. Florida statutes define crimes and the elements that must be proven to convict someone of said crime. Elements of a crime are like a math equation, if you have a + b = c (the crime). What are the elements of the crime of battery in Florida? According to Florida Statute 784.03(1)(a) provides the elements of the crime of battery as when a person does the following: 1. Battery is if someone were to actually (meaning doing an act) and intentionally (done with an agenda) touches or strikes another person against the will of the other (meaning the other person did not consent to the touch or strike. An example of this would be that person x gets into a verbal fight with person y and then x punches y, then x has committed a battery because the making of fist coupled with making contact with y would meet the intentional striking and most likely, Y did not agree to being punched in that scenario; or 2. Battery occurs when someone intentionally (means to) cause bodily harm to someone (actually hurt someone). So, if X and person Y are in a verbal fight and Y decides to give X a black-eye and then does so, then that is considered intentionally causing bodily harm to another person and the elements have been met for Y to be charged and convicted of battery.

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