judges gavel on top of assault and battery law book

In Florida, you can be charged with both assault and battery, even though they are different types of crimes. To be convicted of both, certain factors must be proven in the case. Our Fort Lauderdale assault and battery attorney explains what you need to know about both crimes in Florida and what possible defenses may be used in your case. A dedicated defense lawyer will fight to get your charges dropped or reduced in order to avoid facing severe penalties, such as time in jail.

Crimes of Assault and Battery in Florida

Assault and battery are both crimes against another person, but are considered separate offenses. They both can result in serious charges, including fines and imprisonment. In Florida, assault and battery are defined as follows:

  • Assault is an intentional physical or verbal threat against another person that causes fear of harm.
  • Battery is when there is unwanted, direct physical contact or touching against another person’s will that causes bodily harm.

A person can be charged with both assault and battery in Florida, depending on the circumstances surrounding the incident in question. If a threat is presented along with unwanted physical contact, the person may face charges of both assault and battery.

Crime of Assault

A charge of assault can remain on your permanent criminal record. You can face fines as well as jail time. If you are found guilty of assault, you could face the following charges, depending on the type of assault:

  • Simple assault. A charge of simple assault is considered a second-degree misdemeanor and could result in a jail sentence of up to 60 days, six months of probation, and/or a fine of up to $500.
  • Aggravated assault. A charge of aggravated assault is considered a third-degree felony, depending on whether it is assault with a deadly weapon or an assault with the intent of committing another felony. Aggravated assault can result in a jail sentence of up to five years, five years of probation, and/or a fine of $5,000. For charges of aggravated assault with a firearm, a mandatory three-year jail sentence can result.

Crime of Battery

Being found guilty of the crime of battery comes with severe charges and penalties depending on the type of battery that occurs. Penalties for a battery conviction include:

  • Battery. A charge of battery is considered a first-degree misdemeanor and can result in a fine of $1,000 and a sentence of up to one year in jail.
  • Prior battery conviction. If there has been a prior battery conviction, and the person is found guilty of battery again, it is considered a third-degree felony and can result in a maximum sentence of five years in prison and a fine up to $5,000.
  • Aggravated battery. If battery occurs with a deadly weapon, the victim was pregnant, or there was intent to cause severe bodily harm or disfigurement, it is considered aggravated assault. This crime is considered a second-degree felony and results in a sentence of up to 15 years in prison and a fine of up to $10,000.

Contact a Florida Assault and Battery Attorney

If you are facing charges of assault and battery, contact a battery defense attorney as soon as possible. An attorney can investigate your case to determine what defense applies to your specific situation. Some defenses used in an assault and battery case are:

  • Self-defense
  • Action was not intentional and was an accident
  • Victim gave consent to the physical contact
  • There is a lack of proof in the case

If you have been arrested and are facing charges of assault and battery in Florida, you need an experienced Fort Lauderdale battery attorney to help with your case. Robert David Malove has over 30 years of experience defending those accused of violent offenses. To set up a free consultation to discuss your case, contact us online or by calling our office at 954-861-0384. For your convenience, payment plans are available.