What’s the Difference Between Assault and Battery in Florida?

While the terms “assault” and “battery” are used interchangeably by laypeople, they mean something very specific and very different under the law. The charges involve very different conduct and come with very different consequences. Understanding the legal distinction between the two is important for your defense strategy.

Assault, perhaps surprisingly, does not involve punching, hitting, or kicking anyone. Instead, it involves making a threat using words or actions that make someone fear that they are in imminent danger of being harmed. Aggravated assault involves the use of a deadly weapon or when the victim sustains a serious injury. A charge of “aggravated” assault is considered a felony under Florida law, as opposed to a misdemeanor. The difference between assault and battery in Florida is more than just a technicality. It can determine whether or not you’re required to pay a fine or you’re going to spend years in jail.

In this article, the Tallahassee criminal defense attorneys at Luke Newman, P.A. will discuss the difference between assault and battery under Florida law.

What’s the difference between assault and battery? 

Under Florida law, assault and battery are considered two separate offenses that are popularly misunderstood. This is largely due to the fact that they are frequently charged together, especially in rapidly escalating situations where tempers flare out of control. The law, however, treats them as separate crimes with different elements of proof and different consequences.

• Assault primarily involves threats and not physical violence. Under Florida Statutes § 784.011, simple assault occurs when someone intentionally makes another individual fear imminent violence. To qualify as aggravated assault (§ 784.021), the suspect must either use a deadly weapon (without the intent to kill) or commit the assault while carrying out another felony offense. The suspect does not have to make physical contact with the victim to be charged with assault. The threat of harm plus the ability to follow through on the threat is enough to charge a suspect with assault.

• Battery, on the other hand, is defined under Florida Statutes § 784.03. What most people think is assault is actually considered battery. Battery does involve physical contact. A suspect commits battery when they physically touch or strike another individual against their will or intentionally cause bodily injury. The touch does not have to be a punch or cause obvious physical harm. Even if the contact is minor, it might still qualify as battery. The fact that the contact is unwanted is enough to charge battery.

Talk to a Tallahassee, FL Criminal Defense Lawyer Today 

A charge of assault or battery can destroy your reputation among landlords and employers. It is essential that you have experienced legal representation when addressing the charges. Luke Newman, P.A. represents the interests of defendants who are facing criminal charges. Call our Tallahassee criminal lawyers today to schedule an appointment, and we can begin preparing your defense right away.