What Is the Difference Between Assault & Battery in Florida?

You may think of assault and battery as one offense, but they’re distinct with unique definitions under Florida law.

If you’re charged with assault or battery, call Metcalf Falls today to speak with our experienced criminal defense attorney. We’ll explain the charges you’re facing and how we’ll build the best defense for your case.

Call 813-258-4800 today or contact us for a free consultation.

What Is Assault in Florida?

Under Florida Statute § 784.011, assault is the intentional threat of harm coupled with the apparent ability to perform such harm. Committing the act would create a well-founded fear of imminent violence in the victim.

One important distinction is that physical contact or bodily harm does not have to take place to qualify as assault. A threat of violence by itself is enough for assault charges.

Aggravated Assault

Aggravated assault is a felony offense under Florida Statute § 784.021 that involves an assault with a deadly weapon or with the intent to commit a felony. The definition of “deadly weapon” is broad and covers anything that could be used or threatened in a way likely to produce death or great bodily harm. This includes knives, guns, broken glass bottles, and vehicles.

What Is Battery in Florida?

In contrast, battery involves actually touching or striking someone else or intentionally causing bodily harm to another party. Florida Statute § 784.03 further defines this offense, which requires physical contact between the defendant and the victim.

Key Differences between Assault and Battery Charges

The main difference between assault and battery charges is the infliction of physical harm. An imminent threat of harm constitutes assault, while there must be actual harm inflicted for battery charges to apply.

Are There Different Penalties for Assault and Battery in Florida?

Assault and battery can be charged separately but are frequently charged together. In Florida, assault is typically charged as a second-degree misdemeanor. Possible penalties include up to 60 days in jail and a maximum fine of $500.

Battery is often charged as first-degree misdemeanor, which can carry  up to 1 year of jail time and a maximum fine of $1,000. However, a prior conviction for battery can result in a third-degree felony charge for subsequent offenses. A conviction can bring a maximum sentence of five years in prison and a fine of up to $5,000.

To learn more about the potential consequences of the charges you’re facing, work with a criminal defense lawyer at Metcalf Falls. We’ll ensure you understand the gravity of your situation, answer your questions, and help develop a strong defense to get the charges reduced or dismissed.

Aggravating Factors in Florida Assault Cases

Although a wide range of penalties are possible under Florida law, aggravating factors could worsen the situation. Such factors include:

• Use of a weapon: The use of firearms, knives, or other deadly weapons in the alleged offense may escalate the offense.
• Great bodily harm: The extent and severity of the of the alleged victim’s injuries can impact the charges filed.
• Intent to Commit a Felony: If the assault or battery is committed with the intent to commit a felony, such as sexual assault or robbery, it may be considered more serious.
• Repeat offenses: If the offender has a history of similar offenses, the charges for subsequent offenses can be elevated.

What to Do if You’re Charged with Assault in Florida

Facing assault and battery charges is serious, but you can take steps to protect yourself as soon as you’re arrested:

• Invoke your right to remain silent: Don’t answer questions from police without a lawyer present. Although it might seem simple to explain your side of the story, anything you say can potentially be used against you. To avoid self-incrimination, remain silent until you have an attorney.
• Contact a criminal defense attorney: Consult with lawyer who has experience with similar cases and knows Florida’s assault and battery laws. An attorney will provide counsel on your legal options and prepare a defense to get your charges reduced or dismissed. They can also collect evidence to support your case, such as video footage, social media posts, and witness statements.

Getting Assault and Battery Charges Reduced or Dismissed

Your defense attorney will analyze the facts of your case to determine the best defense strategy. Some common defenses to assault and battery charges include:

• Self-defense or defense of others: Florida has a “stand your ground” law which states that a person is justified in the use of force or deadly force to defend themselves or others in certain situations. Depending on the circumstances, this may be an affirmative defense that could apply to your case.
• Lack of evidence: Assault and battery charges have unique elements which must be proven to secure a conviction. If the prosecutor doesn’t have strong enough evidence to prove your guilt beyond a reasonable doubt, your attorney may be able to capitalize on this and negotiate to have your charges reduced or dismissed.
• Mutual combat: If both parties willingly engaged in the fight, your attorney may be able to argue for your charges to be reduced.

Charged with Assault or Battery? Call Metcalf Falls Today

Whether you were defending yourself or a disagreement got out of hand, you need the help of a criminal defense attorney if you’re charged with assault and battery in Florida.

Metcalf Falls has years of experience handling assault and battery cases in the Tampa Bay area. We’ll investigate what happened and protect your rights throughout the legal process.

Call 813-258-4800 today or contact us to schedule an initial consultation.