What is the charge for accidenly hitting someone and causing no harm

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What is the charge for accidenly hitting someone and causing no harm

two lads had a dispute and started throwing their arms around to hit eachother but some one jumps in the middle and accidently gets hit and then presses charges but wouldnt it be the person who jumpewd in the middles fault for getting hit

Asked on June 30, 2009 under Criminal Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Florida defines "battery" as the following:

784.03  Battery; felony battery.--

(1)(a)  The offense of battery occurs when a person:

1.  Actually and intentionally touches or strikes another person against the will of the other; or

2.  Intentionally causes bodily harm to another person.

Although the person jumped in to the middle of the fight, you actually hit him.  Also, your "intent" was to hit the other guy and it has been held in other States that the intent was "transferred" to the person hit.  I am not admitted in Florida but I would seek legal counsel to see if there are what are called "mitigating circumstances"  that could help you here.  The attorney needs to hear all the facts surrounding the incident.  Look here at attorneypages.com for starters. 


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