In common conversation and in popular media, the terms “assault” and “battery” are frequently used as though they were one crime. However, Florida law makes clear and important distinctions between the two offenses. Assault is not the same crime as battery, and the legal penalties for each crime can be substantially different.
At Stechschulte Nell, Attorneys at Law, we have extensive experience defending people facing either assault charges and / or battery charges. Each offense requires the prosecutor to prove different facts to convict a defendant. In criminal law, every word included in a statute has a role in defining the crime’s elements. This article explains the definitions of assault and battery under Florida law and how skilled criminal defense lawyers protect their clients from avoidable convictions.
Florida law delineates these two offenses with specificity, encapsulating them within a framework that dictates the crimes, the severity of charges, and the corresponding penalties. This article endeavors to elucidate the intricacies of assault and battery laws in Florida, providing a comprehensive overview for individuals seeking to navigate or understand the legal landscape of these offenses.
Understanding Assault and Battery: Definitions and Distinctions
Assault (Florida Statute 784.011) 2nd Degree Misdemeanor
In Florida, assault is an intentional, unlawful threat by word or act to do violence to another, coupled with an apparent ability to do so, and doing some act that creates a well-founded fear in the other person that such violence is imminent.
An example of assault can be illustrated by the following scenario:
- Suppose two men, Adam and Bob, are in a heated argument on the sidewalk. Bob becomes so angry that he makes a fist and lifts his arm so that it seems he is about to punch Adam in the face. Adam reacts by flinching and covering his face with his arms to deflect Bob’s punch. Bob does not throw a punch.
In this scenario, Bob is guilty of assault because he intentionally displayed a raised fist at Adam, appeared able to strike at any second, and Adam reasonably feared he was about to be struck. No actual violence or physical contact is necessary to commit an assault.
Assault, thus, is not the physical contact itself but the threat or attempt to make such contact.
Each simple assault used in our examples is categorized as a second-degree misdemeanor. A 2nd-degree misdemeanor is punishable in Florida by up to 60 days in jail, a fine of up to $500, or both.
Battery (Florida Statute 784.03) 1st Degree Misdemeanor
Criminal battery occurs when a person actually and intentionally touches or strikes another person against their will or intentionally causes bodily harm to another person. This offense escalates the nature of the crime to physical contact or injury and is classified as a first-degree misdemeanor.
The penalties for a battery conviction are more severe than those for assault, including up to one year in jail, a fine of up to $1,000, or both.
Aggravated Assault (Florida Statute 784.021) 3rd Degree Felony
The law takes a graver view of these offenses under certain conditions, categorizing them as “aggravated.” Aggravated assault involves the use of a deadly weapon without intent to kill or with intent to commit a felony.
This elevates the crime to a third-degree felony, punishable by up to 5 years in prison, a fine of up to $5,000, or both.
Aggravated Battery (Florida Statute 784.045) 2nd Degree Felony
Similarly, aggravated battery includes intentionally or knowingly causing great bodily harm, permanent disability, or permanent disfigurement, or using a deadly weapon. It also covers battery against a pregnant victim. As a second-degree felony, criminal penalties include up to 15 years in prison, a fine of up to $10,000, or both.
Legal Defenses to Assault and Battery Charges
Skilled criminal defense lawyers can fight charges of assault and battery, with each case depending on the individual facts of the case. Some of the most successful defenses include, but are not limited to, the following:
- Self-defense: The most commonly invoked defense is self-defense. Under the law, a person may use force to defend themselves against another person’s unlawful use of force. However, the law only permits the person defending themself to use the degree of force necessary to protect themself. Self-defense justifies the accused’s actions as necessary to protect themselves from imminent harm. However, violent revenge or the use of legally excessive violence after the threat from the attacker has stopped is not permitted.
Self-defense is also not available if the person raising the defense was the initial aggressor.
- Defense of others: Similar to self-defense, this defense applies when the accused acts to protect another individual from immediate danger.
- Consent: In certain contexts, if the alleged victim consented to the act that is being construed as battery, this consent might negate the unlawful element of the battery charge. While rare, there are occasions when a person might consent to being slapped or otherwise struck. However, consent is not a defense if a serious injury results, or if the battery exceeded the force the person reasonably consented to.
- Lack of Intent: Since both assault and battery require intentional actions, demonstrating that the act was accidental or without intent can be a valid defense.
- Insufficient Evidence: As with all criminal charges, lack of sufficient evidence to prove the offense means the prosecution has failed to meet its burden of proof to establish the accused’s guilt beyond a reasonable doubt. The best criminal defense lawyers know that their courtroom skills and knowledge of the law are valuable assets when raising doubt about the prosecution’s evidence. This may involve preventing certain evidence of guilt from being admitted or cross-examining the prosecution’s witnesses so effectively that the jury doubts their testimony.
Read More > Will I Go to Jail for Assault in Florida?
The Role of Your Defense Attorney
As criminal defense attorneys, Stechschulte Nell scrutinizes the prosecution’s case for weaknesses and works to establish defenses that mitigate or negate the defendant’s guilt. This sometimes involves negotiating plea deals, which often result in reduced charges or penalties. But we are always prepared to argue the case before a jury when taking the case to trial is in our client’s best interests. The best defense strategy in every case depends on the facts and the law.
Assault and battery are serious criminal offenses in Florida, carrying significant legal consequences. Understanding the distinctions between these crimes, as well as the potential defenses and legal strategies involved, is crucial for anyone facing either or both charges.
If you’re seeking guidance, reach out to Stechschulte Nell, Attorneys at Law, and give us a call at 813-280-1244.
