What Is the Difference Between Assault & Battery?
Many people mistakenly believe that “assault” and “battery” are the same thing. However, in Florida, these are two distinct crimes. While battery involves actual physical contact between two individuals, assault merely involves the threat of harm or violent contact. This means that you can be arrested for and charged with assault even if you never touch the other person. Additionally, depending on the circumstances surrounding the incident, your charges could be elevated from simple assault/battery to aggravated assault/battery.
What Is Assault in Florida?
In Florida, an assault involves the intentional threat and apparent ability to commit violence to someone else, as well as creating a fear that this attack is imminent.
This includes physical attacks, but it can also encompass verbal threats or gestures that suggest an attack is imminent. A failed attempt at striking a person can also be defined as assault.
Simple Assault in Florida
Simple assault in Florida is defined as a less severe threat of violence made against another person (e.g., threatening to punch someone) when the person believed the other party could and would cause them harm. This is a second-degree misdemeanor and may result in:
- Up to 60 days in jail
- A fine of up to $500
However, assault committed against someone identified as a "special victim" is a first-degree misdemeanor. Examples of these individuals include law enforcement officers, firefighters, emergency medical care providers, and public transport employees. The possible penalties for those convicted of this offense increase to these maximums: one year in jail and a fine of $1,000.
Note that a previous criminal record, particularly if it includes assault or battery convictions, can result in extensions of these maximums.
Aggravated Assault in Florida
In Florida, an aggravated assault is an assault that involves more significant elements. Examples include making the threat while armed with a deadly weapon or showing intent to kill the person targeted. An aggravated assault conviction in Florida, a third-degree felony, can result in:
- Up to 5 years in prison
- A fine of up to $5,000
What Is Assault with a Deadly Weapon?
Florida Statute 784.021 defines assault with a deadly weapon as an assault committed with a firearm, knife, or other deadly weapon without the intent to kill.
To convict someone of assault with a deadly weapon in Florida, the prosecution must prove beyond a reasonable doubt that:
- The defendant intentionally and unlawfully threatened, by word or act, to do violence to the victim.
- The defendant appeared to have the ability to carry out the threat at the time.
- The defendant's act created a well-founded fear in the victim that violence was about to take place.
- The assault was carried out with a deadly weapon.
Assault with a deadly weapon is also a third-degree felony, punishable by imprisonment for up to 5 years.
If you've been charged with assault or aggravated assault, contact our Jacksonville assault and battery lawyers today!
What Is Battery in Florida?
In Florida, a battery charge refers to the intentional striking or touching of another person without their consent. This does not necessarily need to involve direct contact with the person. Items that are being worn or carried by the individual, such as clothes or a backpack, that are attacked can also result in a battery charge.
It is important to note that battery does not have to result in physical harm or injury to be considered a crime in Florida. In fact, even a simple altercation, such as a shove or punch, can lead to a battery charge in Florida.
Because of this, individuals need to be acutely aware of what actions can be perceived as battery. Differences between party accounts and interpretations of actions can complicate matters, making skilled legal intervention essential. Addressing these complexities with appropriate legal counsel can substantially affect the case's outcome, underscoring the need for thorough understanding and proper representation.
Simple Battery in Florida
Simple battery is defined as minor intentional, unwanted contact made by one person against another (e.g., pushing someone during an argument); typically, it is charged as a first-degree misdemeanor. Simple battery charges in Florida include:
- Up to 1 year in jail
- A fine of up to $1,000
The same act done against someone such as a police officer or firefighter, or the perpetrator having already been convicted for battery, may elevate the charge to a third-degree felony.
A third-degree felony charge also results if great bodily harm or permanent disfigurement or disability was unintentionally caused. A conviction can lead to up to five years' imprisonment and a fine of up to $5,000.
Florida Aggravated Battery
Aggravated battery in Florida is defined as an assault that intentionally causes great bodily harm, such as disfigurement or a permanent injury, involves a deadly weapon, or is committed against someone the perpetrator knew or should have known was pregnant at the time. An aggravated assault conviction, which is a second-degree felony, can result in:
- Up to 15 years in prison
- A fine of up to $10,000
If you're confronted with simple or aggravated battery charges in FL, contact our Jacksonville assault & battery attorneys today!
Result of Assault & Battery Convictions in FL
A conviction for assault and/or battery will not only impact your finances and your freedom but will also have a negative effect on nearly every aspect of your life. You may be required to pay restitution in separate civil proceedings, attend anger management programs, and receive mandatory probation.
If you are arrested, you will have a permanent criminal record (unless you qualify for expungement), which puts you at risk of losing your job, being unable to obtain future employment, and experiencing difficulties in finding housing or securing a loan.
Examples of Assault & Battery
Here are a few examples of assault and battery in Florida:
- A person threatens to punch another person in the face during an argument. This would be considered assault.
- One person hits another in the head with a bottle, causing injury, during a fight. This is both assault and battery.
- A person throws a rock at someone intending to hit them, but misses. This is assault.
- During a physical altercation, someone punches another person. This would be considered battery.
- A person intentionally pushes another down a flight of stairs, causing injury. This is considered assault and battery.
Each case is unique, and whether an action constitutes assault, battery, or both depends on the circumstances of each incident.
Assault & Battery Defenses in Florida
One possible reason you may have engaged in an act leading to an arrest for assault or battery was self-defense — i.e., protecting yourself from an attack. This is legally allowed if you genuinely believe you were about to be physically attacked or you already were. Another possible defense is mutual combat if you and someone else essentially mutually agreed to fight and then did so. Another defense occurs if you had no intent to harm someone.
Other legal defenses against assault and/or battery charges in Florida include:
- Defense of Property: While the use of force to defend property is generally more limited than defending against personal harm, individuals may use reasonable force to protect their property from being unlawfully taken or damaged.
- Consent: If the alleged victim consented to the contact or actions that led to the assault or battery, it can be a defense to the charges. However, consent must be freely given and not obtained through coercion, fraud, or incapacity.
- Accident: If the alleged assault or battery was unintentional and occurred as a result of an accident or mistake, it may serve as a defense. The defendant must demonstrate that they did not act with intent or recklessness.
You should also note that it is possible to commit both assault or battery and a DUI. One example would be having physical control of a vehicle and intentionally driving it towards or actually hitting others while under the influence of a controlled substance. Also, consider that Florida's physical control laws could result in a conviction even if you are not physically seen by officers or witnesses behind the wheel, as long as it is deemed extremely likely that you had been driving it during the incident.
If you need assistance with an assault or battery charge, contact our legal team of qualified Jacksonville assault and battery lawyers at First Coast Criminal Defense, and we will ensure that your rights are upheld and that you are treated fairly. We handle DUI, assault and battery, and several other types of criminal charges.
Frequently Asked Questions
What Should I Do Immediately After Being Charged with Assault or Battery?
If you find yourself charged with assault or battery in Jacksonville, FL, the immediate steps you take can greatly influence the outcome of your case. First and foremost, it is crucial to remain silent and not divulge details about the incident without your attorney present. Anything you say can be used against you in court, making it essential to reserve your comments until after consulting a lawyer at First Coast Criminal Defense. After ensuring legal representation, gather any potential evidence or witness contacts that could aid your defense. Additionally, avoid any form of contact with the alleged victim to prevent further complicating the matter. This not only helps maintain legal standing but also supports a more effective defense process.
How Can a Lawyer Defend Against Assault & Battery Charges?
Defending against assault and battery charges involves a multi-faceted strategy. An experienced lawyer will first analyze the details surrounding the incident, assessing witness statements, police records, and potential biases that could affect the case's integrity. In Jacksonville, familiarizing oneself with local laws and court proceedings is vital, and First Coast Criminal Defense leverages this knowledge to tailor defenses specific to your situation. Common defenses include self-defense claims, proving consent where applicable, and identifying procedural errors during your arrest that might invalidate evidence. Moreover, we work to uncover discrepancies in witness testimonies and police reports that could exonerate our client, aiming for a dismissal or reduced charges whenever possible.
How Do Local Laws in Jacksonville Affect Assault & Battery Cases?
Jacksonville's approach to assault and battery cases is shaped by Florida state laws and supplemented by local enforcement policies. The nuances of how law enforcement prioritizes cases and the protocols followed can influence the handling of these charges. Understanding these local variations is a crucial part of building a case strategy, providing insight into likely prosecutorial approaches and courtroom expectations. At First Coast Criminal Defense, our familiarity with these local aspects allows us to craft defenses that are not only legally sound but tailored to the idiosyncrasies of Jacksonville law. This knowledge is advantageous in navigating plea bargains, court proceedings, and client advisement.
Don’t delay—contact First Coast Criminal Defense today at (904) 474-3115 to speak with one of our Jacksonville assault and battery attorneys.
