If you've been charged with assault or battery in Florida—or are concerned you might be, you're not alone in feeling confused.
These two charges are often lumped together, but they're different crimes under Florida law, each with unique elements, penalties, and defenses.
Understanding the difference between assault and battery could be the key to building your defense—or avoiding serious legal consequences altogether.
Let's break it down.
Under Florida Statute §784.011, assault is defined as:
An intentional, unlawful threat by word or act to do violence to another person, 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.
Assault = threatening someone + making them believe you'll hurt them.
Simple Assault (no weapon): Second-degree misdemeanor
Aggravated Assault (with a weapon or intent to commit felony): Third-degree felony
John gets into a heated argument with a neighbor. During the argument, John raises his fist, takes a step forward aggressively, and shouts, "I'm going to knock you out!" The neighbor, seeing John's angry body language and believing he is about to be hit, feels immediate fear and calls the police.
Result: John could be charged with simple assault — even though he never actually touched the neighbor.
Florida Statute §784.03 defines battery as:
Actually and intentionally touches or strikes another person against the will of the other; or intentionally causes bodily harm to another person.
Battery = making unwanted physical contact with someone.
Simple Battery: First-degree misdemeanor
Felony Battery (repeat offense or serious injury): Third-degree felony
Aggravated Battery (weapon use or serious bodily harm): Second-degree felony
During a dispute at a bar, Maria angrily pushes another patron, causing them to stumble backward. Even though the shove didn’t cause serious injury, the unwanted physical contact was intentional.
Result: Maria could be charged with simple battery — because physical contact was made without consent.
You may hear the term "assault and battery" used together, but in Florida, they are separate charges. You can be charged with:
Example: If Juan threatens someone, then hits them—that could lead to both charges.
Your case isn't over just because you're charged. Here are a few possible legal defenses:
Assault and battery charges in Florida can carry serious penalties, including jail time and a permanent criminal record. But with the right defense strategy, many of these cases can be reduced—or even dismissed.
The people of Florida have trusted Borell Law for over 35 years with their legal needs.
📞 Call today for a free consultation: 1-888-503-5555
