| Police continue to make more arrests for batteries- | | | | 2. Mutual Combat |
| especially domestic related batteries- every year. In | | | | Consider the situation of two boxers going into a ring |
| Florida, a first time Battery can carry a punishment of | | | | to fight. On boxer absolutely clobbers the other |
| one year in the county jail. A second time battery | | | | boxer. When the fight is over, however, the winning |
| can carry 5-15 years in prison. Accordingly, if you are | | | | boxer is not arrested. That is because the boxers |
| facing a criminal battery charge, it is important to be | | | | had consented, or agreed, to the fight. |
| aware of the three most common defenses to your | | | | In Florida, the crime of battery requires unwanted |
| charge. | | | | harmful or physical contact. Naturally then, if both |
| 1. Self-Defense | | | | parties agree to fight, the contact cannot be |
| Florida law permits the criminal attorney at trial to | | | | unwanted. |
| argue the affirmative defense of self-defense. | | | | 3. No Intent |
| Affirmative defenses are known as "justification" | | | | Battery requires the intent to commit the act. It is a |
| defenses. In other words, the defense is an, | | | | defense to the charge of battery if the act of |
| "I-did-it-but-I-was-justified-because...". In Florida, one is | | | | contact was not intentional. Consider the case of a |
| entitled to use non-deadly force if he reasonably | | | | linebacker crashing into a referee. The referee may |
| believes it is necessary to protect himself, his family, | | | | end up hurt, but if the linebacker did no accidentally |
| or his property. Florida also permits the deadly use of | | | | and without intent, then no crime of battery would |
| force in limited circumstances; for example, the "kill or | | | | have been committed. |
| be killed" scenario. | | | | |