What is the Best Defense for a Battery Charge?

Politicians have made ordinary battery and other violent crimes high-priority matters in the Sunshine State. Approximately two-thirds of Floridians don’t feel safe as they go about their daily lives. People who aren’t satisfied with the status quo usually vote for the other guy on election day. Therefore, local law enforcement agencies typically have directions from on high to be very aggressive in these matters.

Over-aggressive enforcement usually plays into the hands of a Tampa criminal defense lawyer. Borderline cases that shouldn’t have been filed, or that should have been filed in municipal court as ABC (assault by contact) matters, a lower level offense, are easier to defend in criminal court. Some major battery defenses are outlined below. Significantly, the defense need not be strong enough to “beat” the charges in court. Usually, a defense is a bargaining chip that a Tampa criminal defense lawyer uses during plea negotiations to reduce or eliminate the severe direct and collateral consequences of misdemeanor criminal battery.

Self-Defense

This defense doesn’t apply very often in misdemeanor battery cases. But when it applies, it’s a very effective defense.

Basically, self-defense is a proportional response to a perceived threat to a person or property. The proportional response element is the hardest one for a Tampa criminal defense lawyer to establish. Words by themselves, no matter how inflammatory or vicious, never justify a physical response.

However, if a person either uses force or threatens to use force, and has the apparent ability to carry out that threat, a violent response may be justified. In fact, a heightened response may be justified. If a professional football player attacks an accountant, the accountant might feel that only a weapon, perhaps even a deadly weapon, can stop the attack.

Additionally, Florida is a castle doctrine state. People have an almost absolute right to defend themselves, their property, and people around them, provided that the response is proportional and reasonably necessary.

Lack of Intent

Serious injury is not an element of misdemeanor battery, at least not directly. However, prosecutors normally use conduct to establish intent. So, in a non-severe injury case, intent is often difficult to establish.

That’s especially true if a Tampa criminal defense lawyer presents an alternative factual narrative. If Peter shoves Paul to get to the front of the line, Peter is not guilty of battery because he didn’t intend to hurt Paul.

Consent

This defense often applied in sports event-related melees. Usually, an on-field brawl is a consensual event. Participants usually consent to any violence, except extreme violence, such as a gunfight, that occurs between the lines.

Sometimes, these defenses overlap. We mentioned that inflammatory words don’t justify a violent response. However, such language could be construed as legal consent, especially if the alleged victim dared the defendant to start something.

Mistaken Identity

This defense is rarely successful if the defendant mistakenly identified the alleged victim (e.g. Ben intended to hit Mike but hit Alex instead). Florida has a very broad transferred intent law.

However, this defense often works if the alleged victim misidentified the defendant. That’s especially true in the aforementioned crowded conditions battery cases. There’s almost no way to identify the responsible party in these situations, at least beyond a reasonable doubt, which is the standard of proof in criminal cases.

Count on a Thorough Hillsborough County Attorney

A criminal charge is not the same thing as a criminal conviction. For a confidential consultation with an experienced criminal defense lawyer in Tampa, contact the OA Law Firm. We routinely handle matters throughout the Sunshine State.

Source:

getsafeandsound.com/blog/florida-crime-rates/