The Difference between Assault & Battery

Assault and battery are two separate crimes that have very different meanings under Florida law. Assault is defined as an intentional threat to commit an act of violence—enough so that the person feels like they are in danger.

Battery is defined as the intentional, but unlawful, touching or striking of someone else against their wishes.

Penalties for Assault & Battery in Florida

In Florida, the penalties for either an assault or a battery depend on the level of the offense that was charged. If someone was injured in the case, it may make the penalties worse (assuming you are convicted).

  • Simple Assault (second-degree misdemeanor): 60 days in jail
  • Battery (first-degree misdemeanor): 1 year in jail
  • Aggravated Assault (third-degree felony): 5 years in jail
  • Second Battery Offense (third-degree felony): 5 years in jail
  • Felony Battery (second-degree felony): 15 years in jail
  • Aggravated Battery (second-degree felony): 15 years in jail

What I can Do

There are many potential defenses to an assault or a battery.  It is likely that the prosecutors will only know one side of the story before they make a decision to prosecute your case.  If hired early enough, I will make sure that the prosecutor hears your side of the story, and makes a decision whether to prosecute after knowing all the facts, not just the facts that the “alleged victim” gave them.  I may be able to convince the prosecutor not to charge you, or reduce the charges, therefore opening you up to a less severe penalty.  It is never too soon to start mounting your defense!  Call me now to learn more about how I defend these cases before the case is formally filed.