Legal Question in Criminal Law in Florida

I got in an argument with my husband and placed a chair between us to protect myself

he came forward in a threatening manner and I grabbed his glasses and threw them. He then called police and I was arrested as he said I slapped him across the face and broke his glasses that way.

He also said I pushed the chair into him. My question is - Is grabbing his glasses and throwing them

considered battery? Or is it another type of crime?


Asked on 7/07/10, 6:00 am

1 Answer from Attorneys
Amir Ladan The Ladan Law Firm, P.A.

Florida law defines a battery as:

1.��Actually and intentionally touching or striking another person against the will of the other;

or

2.��Intentionally causing bodily harm to another person.

Therefore, and under the current state of the law, the act of snatching the glasses off of his face, might rise to the level of battery. If the glasses were damaged, you may also face a charge of criminal mischief for damaging property.

Often times, these cases come down to "he said, she said." Absent an independent witness or other corroborating evidence, you may have a good case to take to trial. That being said, it may not be necessary to go to trial, as your attorney may be successful in challenging the case through discussions & negotiations with the State. I suggest you retain an attorney to assist you with your case.

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Answered on 7/07/10, 10:49 am


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