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DIFFERENCE BETWEEN BATTERY and ASSAULT

In Florida, assault and battery are two separate but often related crimes. Additionally, assault and battery charges are further broken up into two categories: simple assault/battery and aggravated assault/battery. The nature and circumstance surrounding your arrest will determine whether you face misdemeanor or felony charges but, in any case, you face harsh penalties if you are convicted.

At Monroe & King, P.A., we provide aggressive legal representation for those accused of assault and/or battery in Jacksonville and throughout Duval, Clay, and Nassau counties. Our Jacksonville assault & battery attorneys have a proven track record of success in the courtroom; we are well-equipped and fully prepared to fight for you and your rights.

Arrested for assault or battery? Get a FREE consultation with our Jacksonville assault and battery defense lawyers today!

Assault and Battery Charges in Florida

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/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?

An assault involves the threat and apparent ability to commit violence to someone else as well as creating a fear that this attack is imminent. A failed attempt at striking a person can also be defined as assault.

Simple Assault Florida

Defined as a less severe threat of violence made against another person (e.g. threatening to punch someone) when the person believed the other person could and would cause them harm. This is a second-degree misdemeanor and may result in:

  • Charged as a misdemeanor
  • Up to 60 days in jail
  • A fine of up to $500

However, assault done against someone who has been identified as a "special victim" is a first-degree misdemeanor. Examples of these individuals are law enforcement officers, firefighters, emergency medical care providers and public transport employees. The possible penalties for those convicted of this 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.

    Florida Aggravated Assault

    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, a third-degree felony, can result in:

    • Up to 5 years in prison
    • A fine of up to $5,000

    WHAT IS BATTERY?

    Battery involves intentionally striking another person. 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 also important to note that injury is not required for a battery charge.

    Simple Battery Charges in Florida

    Defined as minor intentional, unwanted contact made by one person against another (e.g. pushing someone during an argument); typically charged as a first-degree misdemeanor. The penalties include:

    • Up to 1 year in jail
    • A fine of up to $1,000

    However, the same act done against someone such as a police officer or firefighter or the perpetrator having already been convicted for battery can result in this being a third-degree felony instead.

    A third-degree felony charge also results if great bodily harm or permanent disfigurement or disability was unintentionally caused. Up to five years imprisonment and up to a $5,000 fine may be given to those convicted of this.

    Florida Aggravated Battery

    Meanwhile, aggravated battery is defined as an assault that intentionally causes great bodily harm, such as disfigurement or a permanent injury, an assault that involved a deadly weapon or an assault that was done on someone who 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

    A conviction for assault and/or battery will not only impact your finances and your freedom but will also have an immense, 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.

    Defense for Assault & Battery in Florida

    One of the possible reasons that you may have engaged in an act that led to an arrest for assault or battery was you engaging in self-defense – i.e. protecting yourself from an attack. This is legally allowed as long as you genuinely believe that you were about to be physically attacked or you already were. Another possible defense is mutual combat. This results 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.

    You should also note that it is possible to commit 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 take into account 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 are in need of assistance with an assault or battery charge, contact our legal team of qualified Jacksonville assault and battery lawyers at Monroe & King, P.A., and we will ensure that your rights are upheld and that you are treated fairly. We specialize in DUI, assault and battery and several other types of criminal charges.

    Don’t delay—contact Monroe & King, P.A. today at (904) 474-3115 to speak with one of our Jacksonville assault and battery attorneys.

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