Assault and Battery Charges: Understanding Your Defense Options

Assault vs. Battery: What's the Difference?

These terms are often used interchangeably, but in Florida law, they are distinct crimes.

• Assault: An intentional, unlawful threat by word or act to do violence to another person, coupled with an apparent ability to do so, creating a well-founded fear that violence is imminent. No physical contact is required.
• Battery: Actual and intentional touching or striking of another person against their will, or intentionally causing bodily harm.

Degrees of Charges

• Simple Assault: Second-degree misdemeanor (up to 60 days jail).
• Simple Battery: First-degree misdemeanor (up to 1 year jail).
• Aggravated Assault: Assault with a deadly weapon or with intent to commit a felony. Third-degree felony (up to 5 years prison). Mandatory minimum sentences may apply if a firearm was used.
• Aggravated Battery: Battery causing great bodily harm, permanent disability, or disfigurement, OR using a deadly weapon, OR battery on a pregnant victim. Second-degree felony (up to 15 years prison).

Self-Defense and "Stand Your Ground"

Florida is a "Stand Your Ground" state. You have no duty to retreat and have the right to use force, including deadly force if necessary, if you reasonably believe it is necessary to prevent death, great bodily harm, or the commission of a forcible felony. A successful Stand Your Ground motion can result in immunity from prosecution — meaning the case is dismissed before trial.

Other Defense Strategies

• Mutual Combat: Both parties entered the fight willingly.
• Accidental Touching: Lack of intent (e.g., bumping into someone in a crowd).
• Consent: In some contexts (like sports), contact is consented to.

Conclusion

Violent crime convictions carry severe penalties. Gitlen Law Firm builds robust defenses to protect your freedom and record.