2500 Rhode Island Avenue
Suite B
Fort Pierce, FL 34947

Call Now For A Personalized Case Evaluation

(772) 489-2200

Florida Man Arrested for Slapping and Spitting on Man Wearing MAGA Hat

Vero Beach Battery Arrest Defense

Help from a Vero Beach Battery Arrest Defense Lawyer

A man wearing a Trump MAGA hat was sitting at a bar in Indian River County when another man allegedly hit his hat, then spit on him, called him a communist and told him to go back to Russia. The incident occurred at the Hurricane Grill while the victim and two friends were watching a World Series game. “I looked like ‘what is wrong with you?’ and he spit all over me and then he walked away,” the victim said. He was able to get a license plate number before the man drove off. When police made contact with the aggressor, he said “I was just trying to protect you guys because I support law enforcement. Trump supporters are communist and racist.” The man remarked that he didn’t care that he was going to jail. He found getting arrested exciting. He will definitely be in need of a Vero Beach Battery Arrest Defense lawyer.

Misdemeanor Battery in Florida

Florida Statutes section 784.03 defines misdemeanor battery as either of the following:

  • Actual or intentional touching or striking of another person against that person’s will
  • The intentional causing of bodily harm to another person.


For purposes of proving misdemeanor battery, intent is a required element. If touching is accidental or incidental, like on a crowded sidewalk or tight supermarket aisle, a quality Vero Beach battery arrest defense attorney will certainly pursue dismissal or a not guilty verdict. Whether a defendant had the requisite intent to commit a battery is a question of fact for a jury though.


Like the man in the MAGA hat, the victim of a battery need not suffer any actual physical injury. Offensive contact is sufficient to support a misdemeanor battery charge. Both the existence and the extent of any injury are irrelevant. Actual contact with the victim need not be made either. Touching a person’s clothing like a person’s MAGA hat is sufficient contact to support a misdemeanor battery conviction.

Hiring a Vero Beach Battery Arrest Defense Lawyer

According to Vero Beach battery arrest defense attorney, Jeffrey H. Garland, a misdemeanor battery conviction is punishable by up to a year in jail and a fine of up to $5,000. Collateral consequences can include lost employment, housing and educational opportunities. You’ll want legal representation from an experienced and effective Vero Beach criminal lawyer. If you or somebody close to you has been arrested for battery, contact the Law Offices of Jeffrey H. Garland right away. You’ll be in need of a quality Vero Beach criminal lawyer.