Legal Question in Criminal Law in Florida

Re: Battery???

From a technical standpoint, any unpermitted touching of another by any means can be a battery. Hitting a chair that someone is sitting in, even if you do not physically touch the person directly could be a battery. So blowing smoke in someone's face could be a battery. It could be other things such as disorderly conduct. In short, it is not a good idea.

Re: Battery???

There is a big difference between law school definition and the real world. NO one is going to get in trouble for blowing smoke.

Re: Battery???

It could be considered a battery if you were being extremely technical in your review of the Florida Statute governing criminal battery. Basically, a battery is an unlawful striking or touching of another person without their consent. It can be with an object such as a ball or a rock. I once had a client who was charged with battery for spraying her neighbor with a garden hose. But, my client's neighbor also had a restraining order against her at the time. In short, don't expect this person to be arrested anytime soon. Also, don't go down to the police station and try to file a police incident report unless you are prepared for them to laugh at you. I am 100% sure that this rude smoker will not be charged with criminal battery. Sorry!