Assault and Battery Attorney

In the state of Florida, the charges of assault and battery are individual offenses and have individual requirements of proof.

What is considered assault?

Assault is essentially placing another person in fear by threat or action and having the ability and intention to act on that threat or action.

• Misdemeanor assault is a second-degree misdemeanor punishable by up to 60 days in county jail.
• Felony assault can be charged if a weapon is used to make the threat. The details of the felony that is charged again will depend on the facts and circumstances of the case.

What is considered battery?

Battery requires the state to be able to prove any touching or striking of an individual against that person’s will.

• Battery is a first-degree misdemeanor, punishable by up to one year in county jail.
• Felony battery can be charged if an individual has prior battery charges, if the level of injury is severe, or if a weapon is used. The level and degree of felony that is charged will be dependent on the facts and circumstances of the situation.

Assault and Battery Defenses

To learn more or to help your attorney with more information about your case, see what common defenses for battery and assault include:

Self-Defense: A person may use any degree of force that is not initiated and used to protect him or herself.

Defense of Others: Helping and aiding others who are under threat or in distress, as long as the defender is not at fault for initiating aggression.

Defense of Property: When protecting your property and your home, you may use reasonable force to defend yourself.