Policy Text
POLICY
144.0BATTERY
REVISED: 11/2011 RELATED POLICIES:
Reviewed by Chief David Magnusson
4/2019
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.
B.Aggravated battery is committed by a person who, in committing battery, intentionally or
knowingly causes great bodily harm, permanent disability, or permanent disfigurement,
or uses a deadly weapon. Aggravated battery is a felony and an arrest may be made on
probable cause.
C.An officer investigating a battery should ascertain if the battery is the result of mutual
combat and who is the ‘primary aggressor’, if the victim knows the offender, and if the
victim intends to prosecute. "Lack of Prosecution" should be explained to the victim.
1.If the victim indicates he/she does wish to prosecute, the officer shall complete
the offense report and have the victim author a sworn statement.
2.If the victim does not wish to prosecute, the officer shall have the victim sign the
Non-Prosecution Form.
D.The responding officer is responsible for any follow-up of aggravated battery, including
the taking of statements, if necessary. The Miami Dade Police Department is responsible
for any follow-up of a sexual battery. If a misdemeanor battery did not occur in the
officer's presence and no arrest is made, the victim should be given the instruction sheet
for obtaining a warrant, and the offense report number.
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E.Felonies must be filed at the State Attorney's Office by the investigator and should be
presented with the offense report and statements, if any, and a warrant requested.
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