Any Fort Lauderdale criminal attorney will tell you that an unlawful touching in a battery may involve direct body-to-body contact or an indirect touching by some instrumentality used by the defendant. The defendant causes a touching by launching any force in motion whether it be a thrown knife, a driven car, or a dog ordered to attack the victim. In a few situations, omission—the failure to act when faced with a duty to act—might cause a battery. Although Florida has specific statutes dealing with child neglect, a parent’s failure to protect a child from an unlawful touching might result in criminal charges for battery upon the child.
Note that when a battery is attempted but no contact or harmful touching occurs, an individual may be charged with assault.
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