Assault and battery is the combination of two violent crimes: assault (the threat of violence) and battery (physical violence).
(1) An “assault” is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.
(2) Whoever commits an assault shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. Florida statute 784.011.
784.021 Aggravated assault.—
(1) An “aggravated assault” is an assault:
(a) With a deadly weapon without intent to kill; or
(b) With an intent to commit a felony.
(2) Whoever commits an aggravated assault shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Florida statute 784.021.
784.03 Battery; felony battery.—
(1)(a) The offense of battery occurs when a person:
1. Actually and intentionally touches or strikes another person against the will of the other; or
2. Intentionally causes bodily harm to another person.
(b) Except as provided in subsection (2), a person who commits battery commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(2) A person who has one prior conviction for battery, aggravated battery, or felony battery and who commits any second or subsequent battery commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. For purposes of this subsection, “conviction” means a determination of guilt that is the result of a plea or a trial, regardless of whether adjudication is withheld or a plea of nolo contendere is entered. Florida statute 784.03.
Defenses to Assault and Battery Charges
- Lack of intent
- Consent given for physical contact
- Defense of another person
- Defense against harm to property
- Penalties and Sentences
The consequences of an assault or battery conviction depend on the specific charge pursued by the Florida state prosecutor. Each offense includes a sentence requirement set by state law, as follows:
Simple assault is a second degree misdemeanor, which can result in a sentence of imprisonment for up to sixty days and a fine that cannot exceed $500.
Aggravated assault is a third degree felony, which can result in a sentence of imprisonment for up to five years and a fine in an amount up to $5,000.
Simple battery is a first degree misdemeanor, for which the state can request a sentence of imprisonment lasting up to one year and a fine that cannot exceed $1,000.
Felony battery is a third degree felony, which can lead to a sentence of imprisonment for up to five years and a fine in an amount up to $5,000.
Aggravated battery is second degree felony, for which the defendant might receive a sentence of imprisonment lasting up to fifteen years and a fine in an amount up to $10,000.
For more information please contact our office now to set up an appointment with attorney Daniel Lenghea to determine the best cause of action.