Assault and Battery defense in Florida.

What is the difference between assault and battery in Florida?

Assault is a threat of violence without physical contact, and simple assault is a second degree misdemeanor, with up to 60 days in jail and a $500 fine. Battery is an intentional unwanted touching or striking of another person, and simple battery is a first degree misdemeanor, with up to 1 year in jail and a $1,000 fine.

Some incidents lead to both charges, or to one charge that the state later amends. The specific charge depends on what the evidence shows about contact, intent and the circumstances.

When assault or battery becomes aggravated

Aggravated assault and aggravated battery are felonies. The state typically charges the aggravated version when it alleges facts beyond a simple threat or touch, such as the use of a weapon or a serious injury. Because these are felonies, sentencing is calculated with the Criminal Punishment Code scoresheet.

If a firearm is part of the allegation, the 10-20-Life law may apply, since it sets minimum mandatory sentences when a firearm is possessed or discharged during certain felonies.

Charging decisions are often made from the first account given at the scene. As medical records, video and other witness statements come in, the facts can look different from that first report, and those differences can be raised as the case moves forward.

Who started it, and other questions the evidence must answer

Assault and battery cases often turn on conflicting accounts of a fast moving event. A defense looks at who initiated contact, whether the accused person was protecting themselves or someone else, whether witnesses are independent, and whether video from phones, businesses or vehicles shows the full sequence.

Injuries and medical records are reviewed against the accounts given. Statements made to officers at the scene, often captured on video, can be compared with later statements for consistency.

When the people involved are family or household members

If the alleged victim is a family or household member, the case is treated as domestic violence under F.S. 741.28, which brings additional release conditions such as no contact orders. That situation is covered in more depth on the domestic battery and domestic assault pages.

For assault and battery charges of any kind, DUI Lawyers Shield Firm offers a free case review to go over the reports and any video.

Other criminal defense pages

• Felony Defense
• Misdemeanor Defense
• Gun Charges
• Theft and Shoplifting
• Burglary
• Robbery
• Juvenile Crimes
• Probation Violations
• Expungement and Sealing

General information only, not legal advice. Every case depends on its own facts, and prior results do not guarantee a similar outcome.