Civil Battery

Specifics of international private law in terms of external elements.

Scarritt Law Group > Areas of Practice > Civil Battery

In personal injury law, civil assault does not require an attack or violence of any kind but rather the ``attempt`` of the act itself. Assault is more often defined as an intentional attempt to cause harm to others as well as the physical ability to provide this harm. Assault does not require touching but rather the purposeful attempt at causing bodily harm to others. Assault is both a crime and a tort so it is possible that someone facing assault charges could fave both civil and criminal repercussions.

Claims of Civil Battery

Under Florida Statute Title 46 Chapter 784.03, the following conduct must occur to constitute battery:

The offender must actually touch or strike another person.
The touching or striking must be intentional.
The touching or striking must occur without the consent of the other person.

An individual may also bring a claim for battery if the offender intentionally causes bodily harm to another person. Battery includes crimes of sexual battery, rape, molestation, and malicious wounding.

Defenses to Civil Battery

In a civil case for battery, the individual who allegedly committed the battery may present defenses to avoid liability.

Common defenses include:

Consent: The most common defense is consent. The alleged offender can assert the victim consented or agreed to battery. Consent is an effective defense particularly regarding injuries sustained in contact sports like football or hockey. The offender can assert the victim agreed to play the sport and as a result consented to the assault or battery that occurred.
Self-Defense: An alleged offender may assert battery occurred in response to the victim’s conduct. A successful self-defense defense must prove the offender responded appropriately and proportionately in the commission of the battery.
Immunity- In certain cases, the offender can assert immunity. Immunity prevents an individual from bringing a civil suit or recovering damages in a personal injury suit for battery. Certain government bodies and authorize actors may assert immunity.

If you are a victim of a breach of contract or if you have been accused of breaching a contract, contact us today to schedule a time to talk about your legal concerns.

Claims of Civil Battery

Defenses to Civil Battery

If you are a victim of a breach of contract or if you have been accused of breaching a contract, contact us today to schedule a time to talk about your legal concerns.

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