In Florida, many battery crimes include an element of intent. As such, the state must prove that a person possessed a certain state of mind in order to establish their guilt for a specific crime. Recently, a Florida court discussed what evidence the state must produce to demonstrate intent with regard to battery by strangulation in a case in which the defendant argued there was insufficient evidence to sustain his conviction. If you are charged with battery or any other violent crime, it is advisable to meet with a St. Petersburg violent crime defense attorney to discuss your possible defenses.
The Facts of the Case
It is alleged that the defendant and the victim, the defendant’s girlfriend at the time, were involved in an argument. The disagreement became physical, and the defendant picked up the victim by her neck, impairing her ability to breathe. The following day the victim called the police and reported the incident.
It is reported that the defendant was charged with battery by strangulation. He moved for acquittal, but the jury convicted him as charged. He appealed, arguing that the state failed to demonstrate he possessed an intent to impede the victim’s breathing as required to establish guilt. The appellate court disagreed and affirmed his conviction. Continue reading →