Understanding Assault and Battery Charges in Florida

Assault and battery are so often charged in tandem that it’s easy to confuse them for a single offense. But in Florida, assault and battery are considered separate crimes, both of which carry serious consequences.

What is the difference between assault and battery in Florida?

Assault and battery are two different crimes. The major difference is whether or not the suspect made physical contact with the victim. Under Florida’s rules:

• Assault is a verbal or physical threat that makes another individual fear for their safety.
• Battery is when an individual causes bodily harm, or makes physical contact against the victim’s will.

In many cases, Florida prosecutors will charge a suspect with both crimes.

What are the penalties for assault and battery in Florida? 

Both assault and battery carry significant penalties in the state of Florida. In addition, there are aggravated assault and aggravated battery charges that you can face.

The crime of assault is considered a second degree misdemeanor punishable by up to 60 days in jail and a fine of up to $500.

The crime of battery is a first degree misdemeanor punishable by up to one year in jail and fines of up to $1,000.

In addition, a suspected offender who has previously been convicted of battery in the past could face an enhanced punishment of up to five years in prison and fines of up to $5000. In addition, the prosecutor might believe that an assault or battery was committed with the intent to cause another person serious harm. If that’s the case, the individual can be charged with:

• Aggravated assault – under Florida’s laws, aggravated assault is considered a third degree felony punishable by up to five years in prison and a fine of up to $5000. Simple assault becomes aggravated assault if the suspect used or displayed a weapon with the intent to commit another felony offense, such as robbery or home invasion.

• Aggravated battery – aggravated battery is considered a second degree felony, punishable by up to 15 years in prison and fines of up to $10,000. The crime of battery becomes aggravated when the offender uses a weapon to cause bodily harm, if the victim was pregnant, or if the perpetrator intended to inflict significant bodily harm, disability, or disfigurement.

Defenses to assault and battery charges 

• Self-defense – Florida has very strong self-defense rules, thus making self-defense one of the most common defenses to assault and battery charges. You have to show that you faced a threat of unlawful harm or force, you had a reasonable basis for fearing imminent harm, and there was no harm or provocation on your part. In addition, you can also assert a defense claiming that you are protecting others from harm, or protecting your property from harm.

• Consent – It is much harder to raise a consent offense than to claim self-defense. However, football players engage in tackling, which could be construed as battery if it were to happen on the streets. Nonetheless, football players consent to being tackled and thus they are not charged with a crime.

Talk to a Tallahassee criminal defense lawyer today 

Luke Newman, P.A. represents the interests of Tallahassee residents who have been charged with various crimes including assault and battery. Call our Tallahassee criminal lawyers today to schedule an appointment and we could begin preparing your defense immediately.