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Elements Needed to Prove Battery There are four things that a prosecutor must be able to prove in order for a person to be convicted of battery: intent, contact, harm and damages.
Claims of Civil Battery Under Florida Statute Title 46 Chapter 784.03, the following conduct must occur to constitute battery: The offender must actually touch or strike another person. The touching or striking must be intentional. The touching or striking must occur without the consent of the other person.
In short, assault is defined as an attempt or threat to harm another person, while battery is the actual physical act of harming someone. To make a successful claim for assault or battery, the plaintiff must prove that the defendant had the intent to cause harm.
A plaintiff or complainant in a case for battery does not have to prove an actual physical injury. Rather, the plaintiff must prove unlawful and unpermitted contact with their person or property in a harmful or offensive manner. This, in and of itself, is deemed injurious.
The prima facie case for battery contains 4 components: The defendant acts. The defendant intends to cause contact with the victim. The defendant's contact with the victim is harmful or offensive. The defendant's contact causes the victim to suffer a contact that is harmful or offensive.