Legal Question in Criminal Law in Florida

Re: battery charge

Generally, the State must produce the alleged victim to testify at trial. A defendant has a constitutional right to confront the evidence at trial and cross examine the witnesses. Is this a child victim?

Re: battery charge

I doubt that the prosecution will go forward with the trial if the victim is not present, but it's possible. You could be convicted if, for instance, someone else saw what happened and will testify against you.

You're not exactly right that you have the right to have the victim there so that you can use her in your defense. You have the right to BRING her there (by subpoena or court order) to use in your defense. You also have the right to compel her to tell the judge or the jury what happened.

I doubt that you really want her there at your trial, since her testimony will probably hurt your case more than help it, but, if you do want her there, forcing a witness to come to Florida from out of state is a complicated and expensive process. You'll need a lawyer to help you.

Re: battery charge

If there are other witnesses, it is not necessary for the victim to be present for you to be convicted. If that were the case, no one could ever be convicted of murder, since that victim certainly is never available to testify. That being said, in the case of a battery, it will be very difficult to convict you when claiming self-defense since the victim would be unavailable to contradict what you have to say.

However in the event there are other witnesses and the victim would be testifying that she in fact was the aggressor it would be important to have her present. These matters can get very complex and you should have counsel representing you.