Assault / Battery

In Florida, assault and battery are two different charges. Although assault and battery is thought by many to be the same, they have separate definitions and are prosecuted as separate charges.

The Difference between Battery and Assault

Assault: Is when a person threatens another person of bodily injury, which leads to the victim’s fear of forthcoming harm. For an assault charge to occur there does not have to be any physical contact between the offender and the victim.
Battery: Unlike assault, battery is when physical contact is made from one person to another in a violent or threatening manner.

Penalties for Assault and Battery

The penalties of an assault or battery charge depend on the circumstances of the crime. Both assault and battery have different levels at which they can be prosecuted. Below is a list of the levels and penalties for each charge:

Assault

Assault charge:

• A second degree misdemeanor
• Up to 60 days in prison
• Up to a $500 fine

Aggravated assault charge:

• A third degree felony
• Up to 5 years in prison
• Up to a $5,000 fine

The difference between aggravated assault and a regular assault is that aggravated assault involves the usage of a weapon or a means to follow through on the words of the threat.

Battery

Battery charge:

• A first degree misdemeanor
• Up to one year in prison
• Up to a $1000 fine

Felony battery charge:

• A third degree felony
• Up to 5 years in prison
• Up to a $5000 fine

Aggravated battery charge:

• A second degree felony
• Up to fifteen years in prison
• Up to a $10,000 fine

Physically causing harm to another human being, or touching another person without their consent is a battery violation; it will become a battery felony if it is the defendant’s second or subsequent time being prosecuted for battery.

Aggravated battery is the highest battery violation that a person can get and it is when a person causes severe damage to another person’s body. Aggravated battery charges are seen in cases where the defendant caused permanent disfigurement to the victim, or when the defendant used a deadly weapon, or when the defendant caused bodily harm to a woman who was pregnant.

Defenses

Assault:

A prosecutor must prove a variety of factors in order to show that an assault did occur. To start off, the prosecutor must prove that the defendant wanted to cause the victim to feel fear, or carry out a violent act by intimidation or threat. Moreover, the prosecutor must show that the defendant made a threat through words or an intimidating action. The defendant must have the means to make good on their threat and the prosecutor must prove that the victim feared the defendant.

A common defense for an assault charge is when the threat spoken was only a joke. If the defendant can prove there was no real threat to the words or gesture, then the prosecution may have a difficult time following through with the case.

Battery:

In a battery case, the prosecution must prove that the defendant physically struck, touched or hurt the victim on purpose. The physical contact towards the victim must have been unwanted from the victim.

Common defenses for battery are: Self-defense, defense for another person, total accident, defense against property destruction, and the defendant had consent from the victim

Both assault and battery charges are criminal offenses and will stay on a person’s record indefinitely. Aside from the consequences that come with a battery or assault charge, there are other penalties such as, hardship in finding a job, loss of a job, being seen as a violent or abusive person, and loosing custody of children. A person charged with battery or assault should fight their charge by hiring an experienced and trusted attorney.

Contact a Lawyer Today

If you have been charged with assault or battery it is vital for your case that you hire a knowledgeable attorney in criminal law. We here at Finebloom, Haenel, and Higgins have been practicing criminal law for over thirty years and we know what to look for in assault and battery cases in order to help our defendants receive the best defense possible. We have friendly staff and attorneys that are available around the clock to help you with your case. We believe in justice and that every person should receive a fair and speedy trial. We have fought thousands of cases revolving around battery and assault and we would like to fight for you. Call us today for a free consultation and to find out what we can do for you. Call us at 1-800-FIGHT-IT (1-800-344-4848).