Misdemeanor Battery Florida Statute 784.03 touching, striking, punching, or kicking another

Hi folks, I'm attorney Roger P. Foley and I'm here to talk to you about misdemeanor battery. Most folks mistakenly, whether they've been watching law and order or something talk about, "i've been assaulted!" If you've been assaulted, then someone talked about whooping your rear end. If you are battered, in the state of Florida, you were touched or struck against your will. Let's talk about some examples. Let's first talk about what's the charge, Misdemeanor battery punishable by up to one year in the county jail. Doesn't mean that is what you are going to get. But if you are convicted you may face up to one year in a county jail and a fine of $1,000. So let me explain to you the kinds of cases that have come across my desk. I have a gay gentleman walking out of a store and he says to another gentleman, see you later sweetie, and he touches him, just a pat on the shoulder. He was charged with misdemeanor battery because what the prosecutor needs to prove is if the defendant intentionally touched or struck (hit) another person against their will. So if i go over to you and pat you on your shoulder and say hey how are you doing, you believe it or not can have me charged with battery. Obviously if i come over and sock you in the mouth or if i punched you in the face that would be a battery too. Of course if I punch you at 250+ pounds and i break something then i would be charged with felony battery and that is punishable by 5 years in prison. So lets talk about things that can occur, the defenses to these cases. Well if you have mutual combative, I'm in a bar, you are in a bar and we get into an argument and we both toss our hands up we both start beating the crap out of each other, well thats mutual combatants, Usually, not always, when you have mutual combatants both parties willing to touch and battle one another, the state doesn't usually move forward. Mutual combatants, there is a defense to that, juries they dont want to convict both parties and they dont know who threw the first punch or both people threw up their hands and said hey lets fight. If someone accidentally touches you and lets say you're in an elevator and its tightly crowded and someone accidentally gives you a little bit of elbow. It has to be intentionally striking or touching against someone's will. There is a mens rea element. What do i mean? There is an intent, I had to intentionally hit or harm you. So if I'm not intentionally doing it and its not against your will, then its not. So if we are in a boxing match and we are going to the gym and we put our gear on and we had a fight well obviously there was a hit and touching but its not against their will, that's not illegal. So i wanted to explain a little today about misdemeanor battery, it can be sealed and can be expunged. It can be expunged if the case was dismissed. It can be sealed if you take a plea to it. Im Roger P. Foley, if you have questions call me and ill be happy to answer your questions regarding the matter.

Criminal Defense Attorney, Roger P. Foley, discusses Florida Statute 784.03. The Charge is Misdemeanor Battery. Assault and Battery are very different in the State of Florida. Touching or striking another individual against their will. What are penalties, what are defenses?
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