Defending Battery Cases
Battery can be loosely defined as the wrongful application of force to the person of another. Criminal attorneys in Fort Lauderdale usually refer to this as an “unlawful touching.” The "touching" element of battery does not require that the victim be injured in any way. For example, pinching a stranger is an offensive and unlawful touching even if it does not cause physical harm. Criminal attorneys will also explain that an unlawful touching may be of the person's body or anything attached to the body, for example, grabbing and pulling on a woman's shoulder bag or a man's necktie. A touching is unlawful if it occurs in the absence of justification, excuse, or consent. For example, law enforcement officials are legally justified in using reasonable force to arrest a criminal; a person who strikes another in self-defense has engaged in an excusable touching; and friends and lovers may consent to certain types of touching.
Having practiced as a criminal defense attorney in Fort Lauderdale for many years, I can tell you that where one acts in self defense, the unfortunate fact is that an arrest may still be made where the facts authorizing such an act are unclear. Broward County criminal investigators use their training and experience to survey the facts surrounding any accusation of battery. Where it is not immediately clear that an individual acted in self-defense, they will have to plead their case to the jury. Keep in mind that these cases may often be resolved where enough evidence is presented to the prosecuting attorney. In most cases, it is advisable to have your Fort Lauderdale criminal defense attorney contact the case filer immediately following your arrest.
For more information on the criminal offense of battery, contact our Fort Lauderdale criminal attorneys and request an appointment.