What do you do when someone attacks you? If you’re like most people, your first reaction is to defend yourself. In some cases, defending yourself may mean using physical force. However, you may also be able to use force in self-defense through something called battery touch or strike Florida Law.
There are two types of law that apply to battery: criminal and civil. Criminal law is governed by the state, while civil law is federal.
Criminal Law:
Under criminal law, the battery is defined as the intentional and unlawful touching of another person without their consent. This can be done either physically or through the use of an object.
If the victim suffers any type of injury as a result of the battery, it is considered a felony. The penalties for a felony charge can include up to 10 years in prison and/or a fine of up to $5,000.
Civil Law:
Under civil law, the battery is defined as the intentional and offensive touching of another person without their consent. This can be done either physically or through the use of an object.
The victim does not need to suffer any injury for the charge to be considered a civil offense. The penalties for a civil offense can include a fine of up to $1,000 and/or up-to 6 months in jail.
What is considered a “touch?”
The definition of what constitutes a “touch” can vary from state to state. For example, in some states, it is defined as any physical contact with the victim, while in others, it is only considered a “touch” if it is done rudely or angrily.
What is considered “consent?”
Consent is defined as the voluntary agreement of the victim to the battery. This means that if the victim does not want to be touched, or does not want to be touched in a certain way, then the act is not consensual.
There are a few exceptions to this rule, such as if the victim is a minor or if the victim is unable to give consent due to a mental disability.
What are the defenses to the battery?
A few defenses can be used if you are accused of battery. These include:
- Self-defense
- Defense of others
- Defense of property
- Consent
What is the statute of limitations for battery?
The statute of limitations is the amount of time that you have to file a charge or lawsuit. For battery, the statute of limitations varies from state to state. In some states, it is as long as 10 years, while in others, it is only 2 years.
Conclusion
If you have been the victim of battery touch or strike Florida, it is important to speak with an experienced attorney who can help you understand your rights and options. An attorney can also help you file a civil or criminal charge against the person who committed the battery. Finally, an attorney can help you create a defense and fight the charges if you have been charged with battery.
