In Florida, the act of touching a person without their consent is unlawful, and people that engage in such behavior may be found guilty of battery. Notably, contact is an essential element of many battery crimes, and if the prosecution cannot establish that a person charged with battery made actual contact with their alleged victim, they should not be able to obtain a conviction. This was demonstrated in a recent Florida case in which the court reversed the defendant’s battery conviction. If you are accused of battery, it is smart to speak to a Clearwater battery defense attorney about your potential defenses.
Facts Surrounding the Alleged Assault
It is alleged that police officers attempted to pull over the defendant when he was driving. They offered several reasons for their attempt, including that the defendant had an unregistered tag, failed to wear a seatbelt, and his car smelled of cannabis. The officers, dressed in law enforcement clothing, were in an unmarked black SUV with red and blue track lights activated to stop the defendant.
Reportedly, when the defendant did not immediately comply with the officers’ orders to pull over, they positioned their SUV slightly in front of his vehicle and activated the siren, trying to stop him. At this point, the defendant revved his engine and drove his car toward the officers’ SUV. However, both officers managed to jump back into the SUV, and the defendant’s car struck the front passenger door of the SUV without hitting any of the officers. The State subsequently charged the defendant with several offenses, including aggravated battery on a law enforcement officer. He moved for an acquittal on the aggravated battery count at the close of evidence. The court denied his motion, and he was convicted, after which he appealed.