Assault and Battery Lawyer

We are Board Certified Expert Assault and Battery Lawyers in Florida. If you need help, call us at 407-344-4837. Here is the difference between an assault and a battery:

Assault = The threat of an unwanted touching or battery. Basically, put someone in fear of being hit.

Battery = An actual touching of another person without their consent/permission. Basically, hitting or just touching someone.

Click on one of these options to learn more:

Assault Battery

 

Examples of an assault:
  • Making a fist and winding back as if you are going to punch someone.
  • Threatening to hit a person with an object (like a bat).
  • Verbal threats.
  • Getting in close to someone’s face or personal space.
Examples of a battery:
  • Punch.
  • Kick.
  • Slap.
  • A soft poke.
  • A slight push or shove.
  • Spitting on someone.
  • Hitting a person with an object.

It sometimes helps to explain the law when you see as a jury might see the charges. In the jury instructions link below, click on the one that applies to your case (once it takes you to the next page) to see how the law is spelled out in layman’s terms for a jury.

Jury Instructions for Assault and Battery

Remember that, under Florida Law, there is a difference between assault and battery – they are two separate and distinct crimes and you can be charged with either – or both! An assault is where you threaten to do violence to someone and that threat puts that person in fear.  A battery is simply touching someone against his or her will.

You do not have to actually hurt someone to be convicted of battery.  An example of the difference is say, for example, you sneak up on someone and slap them in the back of the head.  That’s a battery whether you hurt them or not – but it’s not an assault if they didn’t see you coming and were not afraid of getting hit.

Without any aggravators, assault and battery are both misdemeanor offenses. With aggravators, they can each easily become felonies.

cycles of domestic violence

Aggravators to BOTH Assault and Battery

Both assault and battery are what are considered “enhanceable offenses.” So depending on how you commit the crime, it can be filed as a misdemeanor or a felony.  For example, aggravated assault can be where you commit assault but do so with a deadly weapon (such as a knife).  If that is the case, the crime moves from a 2nd degree misdemeanor to a 3rd degree felony, which exposes you to a maximum 5 years in prison.  And if you get convicted of aggravated assault with a firearm, that crime requires 3 years minimum mandatory in prison!

Misdemeanor battery can also be increased to a felony in several ways; by strangulation, aggravated battery, felony battery, or committing a battery on a law enforcement officer.  The crime of battery is subjective.  In other words, if defendant A hits the victim with X amount of force and the person does not suffer a severe injury because of it, it is just a simple misdemeanor battery.  However, if defendant B hits the victim with the same X amount of force but his victim suffers a severe injury, it is a felony battery.  This is commonly referred to as the eggshell skull theory – you take your victim as you find them.  It does not seem fair to punish the second defendant for the same conduct, does it?  Sucks, but that is the law.

Let us fight for you. We fight because we care. 407-344-4837