How Are Assault And Battery Charges Defined in Florida?

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Florida defines assault and battery as two different crimes. A lot of times in the common speech, assault and battery are equated as the same thing. However, an assault in Florida is a misdemeanor and is defined as the intentional or unlawful threat against another person. For example, if someone were to say, “I’m going to hit you and I’m going to hurt you” and had the apparent ability to carry out that threat, then that would be considered an assault. This means that if you were to call someone on the phone or yell a threat to someone from a distance, then it may not be considered an assault because you wouldn’t have the actual ability to carry out that threat.

Ultimately, if someone does or says something that causes someone else to feel a genuine and reasonable fear that violence or harm is imminent, then it may be considered an assault. It doesn’t have to be an actual threat. However, if the person who is hearing the assault or the threat believes it to be so, then it doesn’t have to be something verbal; it can be a physical assault, running at someone, or holding your fist up and moving it towards them.

A battery, on the other hand, is defined as an intentional touching or striking of another person, or intentionally causing bodily harm to someone. So, a battery requires some physical contact. A battery does not have to be something violent. If you’re intentionally going to reach out and touch someone as lightly as you can on the shoulder and they did not give you permission to do so, that can technically be a battery. So, that is the difference between an assault and a battery.

Are There Different Levels or Classifications of Assault Charges in Florida?

There is the normal assault charge, which is placing someone in fear of bodily harm. There can be an aggravated assault, which can be a felony and is primarily by use of a weapon. The classic aggravated assault with a firearm is pointing the firearm at someone, thereby placing them in the fear of bodily harm. That can be a felony in itself. A normal battery charge, which is defined as unwanted touching, is normally a misdemeanor. However, if it results in great bodily harm, then it can become a felony battery. It can also be considered an aggravated battery if a weapon was used. There are specific statutes dealing with discharging a firearm and harming someone with aggravated battery.

What Factors Enhance Assault And/or Battery Charges?

An assault or battery charge can be enhanced by the use of a weapon or the rendering of great bodily harm. However, there is no specific definition for great bodily harm. The prosecution can make a judgment call as to whether or not it was great bodily harm. If it is determined that there was great bodily harm, then the charge can be advanced to a felony.

What Are The Penalties Associated With Assault And Battery Convictions in Florida?

A misdemeanor assault is a first-degree misdemeanor punishable by up to a year in the county jail. A battery charge is also a first-degree misdemeanor punishable by up to one year in the county jail. By definition, any first-degree misdemeanor is punishable by up to one year in jail. Depending upon how they charge it, an aggravated assault can be a third-degree felony or a second-degree felony. If it’s a third-degree felony, it is punishable by up to five years in prison. A second-degree felony is punishable by up to 15 years in prison. An aggravated battery involving a firearm can become a first-degree felony, which is punishable by 30 years to life.

Depending on the case, we may have to sit down and talk about the scoresheet in the state of Florida. In addition to the actual charge of the aggravated battery, you would then have victim injury points. Victim injury points may bring in some minimum mandatories or some time where the judge follows the scoresheet to sentence you to jail time or prison time.

What Are The Potential Defenses That Can be Used in an Assault Case?

In some assault cases, self-defense can be used as a defense. For example, if someone is threatening you with imminent harm, you may very well use an assault as a threat of violence towards them in order to keep that imminent harm from happening to you.

Self-defense is definitely a defense for battery cases. It can be self-defense, defense of others or defense of property. However, the violence used must be commensurate with the threat of violence or what is necessary to defend someone. In other words, if someone looks as if they’re going to hit you, and you hit them first so that they are unable to, then that would be considered self-defense. However, in that same scenario, you would not necessarily be able to pull out a gun and shoot them. You can’t raise the level of violence and maintain a valid defense.

For more information on Assault & Battery Charges In Florida, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (239) 263-4384 today.