.jpg)
Florida Assault and Battery Lawyers Explain How These Criminal Charges Differ and Their Potential Consequences
Your heart races as you stare at the official-looking document in your hands. The words “assault” and “battery” quickly leap off the page, each carrying the weight of possible legal consequences that could derail your future.
If you’re dealing with assault or battery charges in Florida, understanding the difference between these two criminal offenses is crucial. While assault and battery are often used interchangeably in everyday conversation, they are distinct crimes. Each carries its own set of potential penalties. The Florida assault and battery defense lawyers at Flaherty & Merrifield can assess the specifics of your case and explain your legal options.
How Florida Law Defines Assault
Assault is more about the threat of harm than actual physical contact. Florida Statute Section 784.011 defines assault as an intentional, unlawful threat by word or act to do violence to another person. Coupled with an apparent ability to cause such harm, this creates a well-founded fear in the other person that such violence is imminent.
An assault charge in Florida typically covers all three elements: intent, threat, and fear. For example, you may deliberately raise your fist at someone and threaten to punch them. There is a clear threat of violence, as the other person has a reasonable fear of imminent harm. This could be considered assault, even if you never actually make physical contact.
Aggravated Assault Charges in Florida
Florida law elevates the charge to aggravated assault under Section 784.011 in certain situations.
If the accused threatens to harm someone with a deadly weapon but without deadly intentions, this may be aggravated assault. An example may be waving a knife around threateningly during a heated argument. It’s also aggravated assault if they threaten violence with the intent to commit a felony.
The Legal Definition of Battery Under Florida Law
While assault deals with threats of violence, battery involves actual physical contact. Under Florida Statute Section 784.03, battery occurs when a person actually and intentionally touches or strikes someone else against their will. It is also battery if they intentionally cause bodily harm to another person.
Physical contact is the key difference to understand here, as assault does not require physical contact. Notably, battery charges do not require injury. Even unwanted touching can be considered battery if it’s intentional and against the other person’s will.
If you shove someone after they offend you somehow, that could be considered battery, regardless of whether the person falls or is injured. They may choose to press charges. The act of unwanted physical contact could be enough to justify battery charges under Florida law.
Can You Be Charged With Both Assault and Battery?
It's possible to be charged with both assault and battery in Florida. This often happens when a threat of violence (assault) is followed by actual physical contact (battery).
For example, you threaten to punch someone, causing them to fear imminent harm. Then, you follow through with the threat by striking them on the head. In this case, you could potentially face charges for both assault and battery.
It's important to note that these charges can be filed separately or together, depending on the specific circumstances of the incident. This is why you need a knowledgeable Florida criminal defense lawyer by your side. We can help you understand the exact nature of the charges against you and develop an appropriate defense strategy.
Possible Penalties for Assault in Florida
In most cases, assault is classified as a second-degree misdemeanor in Florida. It is punishable by:
- Up to 60 days in jail
- A fine of up to $500
- Up to six months of probation
Aggravated assault elevates the potential penalties to that of a third-degree felony. These can include:
- Up to five years in prison
- A fine of up to $5,000
- Up to five years of probation
Potential Consequences of a Battery Conviction
The severity of the offense and any prior convictions affect the potential penalties for battery in Florida. Simple battery is typically treated as a first-degree misdemeanor, potentially resulting in:
- Up to one year in jail
- A fine of up to $1,000
- Up to one year of probation
In some cases, a person may be charged with aggravated battery, a second-degree felony. This applies if they intentionally or knowingly cause great bodily harm, permanent disability, or permanent disfigurement. It is also aggravated battery if the offender knew or should have known the victim was pregnant at the time. The use of a deadly weapon also constitutes aggravated battery.
Aggravated battery results in stiffer punishments, including:
- Up to 15 years in prison
- A fine of up to $10,000
- Up to 15 years of probation
Additionally, a battery conviction can have long-lasting effects on your life beyond the legal penalties. It can impact your security clearance, employment opportunities, housing options, personal relationships, and child custody arrangements.
Get Help From a Winning Criminal Defense Lawyer
When facing assault or battery charges in Florida, the experience of a skilled criminal defense lawyer can make a significant difference in the outcome of your case. At Flaherty & Merrifield, our attorneys understand the nuances of Florida's assault and battery laws and can provide the robust defense you need.
Our lawyers will thoroughly investigate the circumstances of your case and identify any weaknesses in the prosecution’s evidence. We will explore possible defenses, like using Florida’s “stand your ground” law for self-defense or the defense of others. A lack of compelling evidence or asserting it was an incident of mutual combat may also be viable defense strategies. We may also argue to reduce charges to a lesser offense.
We represented an Okaloosa County client when she was charged with aggravated assault and domestic violence. The charges stem from pointing a gun at her former boyfriend who had physically and sexually assaulted her. After documenting her injuries and compiling the ex-boyfriend’s criminal history to present to the State Attorney, we demanded a full dismissal of all charges and won.
