Florida Assault & Battery Charges
In Florida, if you threaten to harm someone (or actually harm someone physically) you can be charged with an assault or battery crime. There is some confusion surrounding the definition of these charges. Many people think assault and battery mean the same thing, when in fact assault and battery are two separate criminal charges.
Assault vs. Battery – What’s the Difference?
Assault and battery laws are governed by Florida statute 784.011-784.085. In short, the statute classifies assault as:
Battery is similar to assault but not identical. Essentially battery includes actual physical harm, rather than simply threatening a person with harm.
Aggravated Assault & Battery
Assault and battery charges and penalties can be also be increased if the offense in question involved certain factors. Under these circumstances, simple assault and battery charges are increased to "aggravated assault" and "aggravated battery" - which bring heavier penalties.
Aggravated assault is a step up from normal assault. It is classified as any assault involving the use of a deadly weapon, or any assault committed in conjunction with a felony.
Aggravated battery is similarly intensified. It is defined as battery involving a deadly weapon, and/or battery that results in permanent disfigurement of the other individual.
Penalties
The penalties for assault and battery in Florida range from misdemeanor to felony. Below is an outline:
Tampa Criminal Defense Lawyers
Assault and battery crimes are serious offenses. If you have been charged with one of the above crimes, it’s imperative that you speak to an experienced Florida defense attorney who can walk you through your legal options and defend your rights. Our lawyers offer free initial consultations. Contact a Hobson Law Firm attorney today to learn about your options for defending an assault charge - (727) 230-6930.
In Florida, if you threaten to harm someone (or actually harm someone physically) you can be charged with an assault or battery crime. There is some confusion surrounding the definition of these charges. Many people think assault and battery mean the same thing, when in fact assault and battery are two separate criminal charges.
Assault vs. Battery – What’s the Difference?
Assault and battery laws are governed by Florida statute 784.011-784.085. In short, the statute classifies assault as:
- Threatening another person (either verbally or physically) with physical harm, whether or not you follow through.
Battery is similar to assault but not identical. Essentially battery includes actual physical harm, rather than simply threatening a person with harm.
Aggravated Assault & Battery
Assault and battery charges and penalties can be also be increased if the offense in question involved certain factors. Under these circumstances, simple assault and battery charges are increased to "aggravated assault" and "aggravated battery" - which bring heavier penalties.
Aggravated assault is a step up from normal assault. It is classified as any assault involving the use of a deadly weapon, or any assault committed in conjunction with a felony.
Aggravated battery is similarly intensified. It is defined as battery involving a deadly weapon, and/or battery that results in permanent disfigurement of the other individual.
Penalties
The penalties for assault and battery in Florida range from misdemeanor to felony. Below is an outline:
- Assault: 2nd degree misdemeanor punishable by a $500 fine and up to 60 days jail time.
- Aggravated Assault: 3rd degree felony punishable by $5,000 and up to 5 years in prison.
- Battery: 1st degree misdemeanor punishable by a fine of $1,000 and jail time of up to one year.
- Aggravated Battery: 2nd degree felony punishable by up to 15 years in prison and up to $10,000 in fines.
Tampa Criminal Defense Lawyers
Assault and battery crimes are serious offenses. If you have been charged with one of the above crimes, it’s imperative that you speak to an experienced Florida defense attorney who can walk you through your legal options and defend your rights. Our lawyers offer free initial consultations. Contact a Hobson Law Firm attorney today to learn about your options for defending an assault charge - (727) 230-6930.