USE IRAC TO ANSWER PLS

ISSUE

RULE

ANALYSIS

CONCLUSION

This is a continuation of our stress on IRAC and how it continues to evolve.

This week we are dealing with a different set of facts and a different statute. The statute we are dealing with is theBattery statute. Please locate the related material in the Files tab. DO NOT use or cite any outside sources.

Analysis Exercise, Battery Hank Shrader and Steve Gomez go to a bar after work. While they are there, another patron, Jesse, is at the other end of the bar, drinking a beer and yelling at the football game on the television. Apparently, his team is not doing well. Jesse continues to yell at the screen as well at other people around him. People tell him to calm down but he ignores them. This goes on for another 20 minutes. Hank gets annoyed. Hank walks down to the other side of the bar to tell him to quiet down. Hank is 5'11 weighs 2001bs. and out-weighs Jesse who is 5'08 and weighs 1501bs. Hank gets about 5 feet from Jesse and says, \"\" Hey -- quiet it down a little. Some of us could care less about that game.\" Jesse, doesn't even get off his barstool to respond with, \"I can yell at the TV, yo. What are you? The volume police?\" Hank says, \" Yeah so shut-up.\" With that Hank lightly pokes Jesse in the shoulder with his index finger. Jesse looses his balance and falls off his barstool and hits his face on the hard floor. The fall knocks 3 teeth out of Jesse's mouth...Jesse is bleeding from his mouth. Hank reacts, \"Woah! I didn't mean to push you over, girlie- man.\" The bartender calls police and an ambulance for Jesse. Police arrive and interview Jesse, Hank and a few other patrons who saw the interaction. Hank told the police, \"All I did was tap him on the shoulder and he fell off the stool....he must have been pretty drunk.\" The witnesses in the bar also tell the police that Hank's touch on the shoulder was light and \"was not a push or a shove.\" Many of the witnesses tell the police officer they were surprised to see Jesse fall from such a slight touch. Jesse tells police, \" Yo, I was watching a game on the TV when this guy came over and yelled at me. I told him to leave me alone. The guy then pushed me and I fell off my stool. My head hit the floor. My teeth were knocked out. I didn't do nothing, yo.\" Using the statutes below, decide what variety of battery did Hank commit, if any. Justify your answer Chapter 784 of the Florida Statutes provides: 784.03 Battery. (1)(a) The offense of battery occurs when a person: 1. Actually and intentionally touches or strikes another person against the will of the other; or 2. Intentionally causes bodily harm to another person. 784.041 Felony battery. (1) A person commits felony battery if he or she: (a) Actually and intentionally touches or strikes another person against the will of the other; and (b) Causes great bodily harm, permanent disability, or permanent disfigurement. 784.045 Aggravated battery. (1)(a) A person commits aggravated battery who, in committing battery: 1. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or 2. Uses a deadly weapon