Assault and Battery are two separate criminal charges that carry different penalties. However, the terms could be used together or interchangeably in this instance because they carry the same defenses in Criminal Court. According to Florida law the offense of battery occurs when a person actually unintentionally touches or strikes another person against the will of the other or intentionally causes bodily harm to another person. Assault is an attempted Battery. In Florida, assault is usually a verbal threat to cause bodily harm nut could be a result of a person who tried to harm someone but failed to do so. In a court of law a person who is accused of the crime of battery or assault can attempt to defend their actions. The most common defenses
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In S.D.G. a police officer witnessed two people fighting, the Defendant in the case being one of the two that was fighting. The police officer verbally warned them to disenage, but the two refused. After a while the officer decided to use his taser to break up the fight. The Defendant was brought in custody for disorderly conduct. The State had a single wittness, the officer as that tased them.The Defendant had two witnesses who testified that the Defendant was not the aggressor and only fought back in self defense. The S.D.G. Court ruled that Self-Defense was applicable: the Defendant introduced evidence that she was not the attacker or provoker, and that she fought back out of necessity. Since the State could not prove beyond a reasonable doubt that this was not what occured, The District Court had no choice but to dismiss the …show more content…
Since 2005, Most states have some kind of Castle Law. Castle Law was derived from English common law and comes from the saying "an Englishman's home is his castle"The state of Florida has such a strong Castle Doctrine that the dwelling being protected does not need to have a roof; can be mobile or immobile; and can be as temporary as a tent. Florida has some of the stronger Castle laws than other states you do not have the duty to retreat before using Force as long as you reasonably believe that your dwelling is in reasonable Danger. However, the use of deadly force is not acceptable unless your life or someone elses life is in
In S.D.G. a police officer witnessed two people fighting, the Defendant in the case being one of the two that was fighting. The police officer verbally warned them to disenage, but the two refused. After a while the officer decided to use his taser to break up the fight. The Defendant was brought in custody for disorderly conduct. The State had a single wittness, the officer as that tased them.The Defendant had two witnesses who testified that the Defendant was not the aggressor and only fought back in self defense. The S.D.G. Court ruled that Self-Defense was applicable: the Defendant introduced evidence that she was not the attacker or provoker, and that she fought back out of necessity. Since the State could not prove beyond a reasonable doubt that this was not what occured, The District Court had no choice but to dismiss the …show more content…
Since 2005, Most states have some kind of Castle Law. Castle Law was derived from English common law and comes from the saying "an Englishman's home is his castle"The state of Florida has such a strong Castle Doctrine that the dwelling being protected does not need to have a roof; can be mobile or immobile; and can be as temporary as a tent. Florida has some of the stronger Castle laws than other states you do not have the duty to retreat before using Force as long as you reasonably believe that your dwelling is in reasonable Danger. However, the use of deadly force is not acceptable unless your life or someone elses life is in