Assault & Battery

Assault and Battery

In Florida, assault and battery are separate and distinct crimes, unlike in many other jurisdictions where they are often combined into a single offense. Assault involves the threat of violence, while battery involves actual physical contact. 

Assault in Florida

Assault is defined as an intentional, unlawful threat of violence against another person, coupled with the apparent ability to carry out the threat, causing a well-founded fear of imminent violence. 

  • Simple Assault: A second-degree misdemeanor, potentially resulting in up to 60 days in jail and a $500 fine.

  • Aggravated Assault: Involves an assault with a deadly weapon (without intent to kill) or with the intent to commit a felony. This is a third-degree felony, which can lead to up to 5 years in prison and a $5,000 fine. 

Battery in Florida

Battery occurs when a person intentionally makes unwanted physical contact with or strikes another person, or intentionally causes them bodily harm. 

  • Simple Battery: A first-degree misdemeanor, with possible penalties of up to one year in jail and a $1,000 fine. Subsequent battery convictions are treated as a third-degree felony.

  • Felony Battery: Involves intentionally touching or striking another person against their will, resulting in great bodily harm, permanent disability, or permanent disfigurement. This is a third-degree felony, punishable by up to 5 years in prison and a $5,000 fine.

  • Aggravated Battery: A more serious offense involving the use of a deadly weapon, causing great bodily harm, or battering a pregnant victim. This is a second-degree felony, carrying potential penalties of up to 15 years in prison and a $10,000 fine. 

Key Considerations

  • Enhanced Penalties: Penalties can be increased if the victim belongs to a protected group, such as law enforcement, firefighters, or individuals aged 65 or older.

  • Defenses: Potential legal defenses include self-defense, defense of others, mutual combat, or insufficient proof of intent.

  • Stand Your Ground: Florida law includes a "Stand Your Ground" provision, allowing the use of force, including deadly force, if an individual reasonably believes it's necessary to prevent death or serious harm to themselves or others.