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Battery with a Cheeseburger
August 07, 2009
Topic: Criminal
A Florida man was charged with domestic violence for committing an unusual battery on his girlfriend: battery with a cheeseburger. On the day of the incident, the young couple sat in their car eating dinner from McDonald's when they began to argue. The defendant became angry and would not let the victim out of the car when she tried to leave. So, the victim threw the defendant's drink out of the car. Incensed by her actions, the defendant grabbed the victim and pushed a McDonald's cheeseburger into her face. She immediately got out of the vehicle, but the defendant followed her and again smashed the sandwich into her face.
In Florida, the crime of battery is defined as the actual and intentional touching or striking of a person against his or her will. Additionally, there is no requirement of actual harm or violence. This means that any intentional and unwanted contact with a person can be a battery if a reasonable person would find such contact offensive. Certainly, a reasonable person would think that being attacked with a cheeseburger is offensive.
The situation in this blog is an example of how easy it is for an everyday argument to escalate and how you can quickly find yourself facing battery or domestic violence charges for acts done in the heat of the moment. A conviction for domestic battery cannot be taken off your record, and can result in you forever losing your right to own a firearm. If you have any questions about a battery charge that you are facing in Florida, take advantage of our free, no obligation consultation.
