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A defendant must intend to strike the person, or engage in conduct where he or she knows that a touch or strike “is substantially certain to result from his acts.” Thus, an accidental touching or a touching that is incidental to other conduct not aimed at making contact with another person, is insufficient to establish a battery. Whether the accused had the requisite intent is a question for the jury to resolve by examining the surrounding facts and circumstances of the touching or striking of the victim. Some of the most common defenses include the following: One of the most pervasive myths in all of criminal law is that the prosecution cannot pursue a charge of battery or battery domestic violence without the consent or cooperation of the alleged victim. The alleged victim does not make prosecutorial decisions.
Threats of violence that the victim perceives as intended to inflict serious bodily harm can be perpetrated on anyone.The term “intimate partner violence” describes physical, sexual, or psychological harm by a current or former partner or spouse. We do know that strategies that promote healthy behaviors in relationships are important.This type of violence can occur among heterosexual or same-sex couples and does not require sexual intimacy. Programs that teach young people skills for dating can prevent violence. The issue of consent is a jury question, and is examined in light of the surrounding circumstances. In some cases, it’s even possible to proceed without any eyewitness testimony as to what happened during the actual incident. 813 (2006), the Supreme Court ruled that a statement “[is] non-testimonial when made in the course of police interrogation under circumstances objectively indicating that the primary purpose of the interrogation is to enable police assistance to meet an ongoing emergency.” Thus, a 911 call made for the purpose of requesting help or medical attention is non-testimonial and is not subject to the Sixth Amendment Confrontation Clause. If you are facing a charge of Battery and are considering hiring an attorney, contact Hussein & Webber, P. In fact, where the allegation is that the touching was against the alleged victim’s will, the existence or extent of injury becomes irrelevant. If there are other witnesses (such as a police officer, bystander, friend, or family member) the state may proceed without the alleged victim’s testimony. All that would be required is to authenticate the 911 tape through the testimony of the 911 operator. We handle cases in Jacksonville, Orlando, and the surrounding counties of northeast and central Florida.