Policy Text
A. A battery is an actual and intentional touch or strike to another person against the will of
that person, or intentionally causing bodily harm to an individual (§784.03 Florida
Statute). This offense is a misdemeanor for which an arrest can occur whether or not it
was committed in an officer’s presence (§901.15(9)(a) Florida Statutes). However,
certain criteria must exist in the event that an officer decides to make a misdemeanor
battery arrest not committed in the officer’s presence. These criteria include:
1. Corroborating evidence to substantiate the facts of the offense will be obtained
whenever practical, in an effort to verify its occurrence. Corroborating evidence
shall be documented in an offense report.
2. Witness interviews shall be conducted, and victim photographs shall be obtained
at the scene whenever practical.
3. The issuance of a Notice to Appear is preferable to physical custody when the
offense was not committed in the presence of the officer, provided that the threat
of immediate harm, by word or act to continue to do violence is not present.