Is Provocation a Defense to Battery in Florida?
While assault is the act of threatening another person with physical harm, battery is the actual action that causes the harm. Of the two offenses, battery is generally considered the more serious and those convicted will face harsh penalties. People often face these charges after someone has provoked them into making physical contact with them, causing harm. So, is provocation a defense to battery charges in Florida? Below, our Fort Lauderdale assault lawyer explains further.
How is Battery Defined Under Florida Law?
The Florida Statutes define battery as when one person intentionally strikes or touches another person against their will, or when they intentionally cause bodily harm to someone else. Under this definition, even a seemingly minor physical altercation, such as pushing someone slightly during an argument, can result in battery charges if the other person did not agree to the physical contact.
Provocation as a Defense to Battery Charges
While other states recognize that provocation is a defense to battery charges, this is not the case in Florida. This means that even if the alleged victim provoked you into making physical contact, you cannot use this as a defense.
Even still, being provoked into the act can be a mitigating factor that can lead to your charges being reduced or a more lenient sentence. If you can present evidence that demonstrates that the alleged victim significantly provoked the act through conduct or words, a judge may take this into consideration when determining the appropriate sentence. Provocation can also complement other defenses, such as stand your ground or self-defense, if the provocation caused a reasonable fear of imminent harm.
How to Prove Provocation
When arguing that provocation caused or contributed to the battery, you will need to present evidence proving your case. The strongest types of evidence in these cases include:
- Witness testimony about aggressive behavior or provocative statements
- Video footage of the minutes leading up to the physical contact
- Records of previous provocations or conflicts by the alleged victim
- Evidence that the alleged victim has a reputation for aggression or violence
Defenses Available in Battery Cases
The majority of defenses in battery cases involve self-defense of you, others, or property. Florida law allows for the use of force when someone feels as though they are in danger of imminent harm. The ‘Stand Your Ground’ law in Florida also stipulates that there is no duty to flee or attempt to retreat before using force as a defense, even if it is possible to escape.
As in all criminal cases, the prosecution must prove their case beyond a reasonable doubt. If they do not have the proper evidence to do this, it can result in the charges being dismissed or dropped.
Contact Our Assault Lawyer in Fort Lauderdale Today
If you have been accused of battery, it is critical to speak to a Fort Lauderdale assault lawyer as soon as possible. At Haber Blank, our experienced attorney can prepare the strong defense you need to ensure your freedom is protected. Contact us today by calling 954-767-0300 or filling out our online form to request a consultation with our experienced attorney.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0784/Sections/0784.03.html
