Assault vs Battery in Florida
Understanding Assault and Battery Charges in Palm Beach County
If you’ve been accused of assault or battery in Florida, you may be confused about the differences between these charges and the serious consequences they carry. At Russo Law & Advocacy, Dominique Russo helps clients across Palm Beach, Broward, and Miami-Dade Counties fight these allegations.
Under Florida law, assault and battery are separate crimes with distinct definitions and penalties. Knowing these differences is crucial if you’re facing charges. Below, we break down the key distinctions, penalties, and defenses under Florida Statutes §§ 784.011 (Assault) and 784.03 (Battery).
What Is the Difference Between Assault and Battery in Florida?
1. Assault (Florida Statute § 784.011)
- Definition: A threat of violence that creates a reasonable fear of imminent harm.
- No physical contact required – Words alone can constitute assault if they create fear.
- Example: Raising a fist and threatening to punch someone.
2. Battery (Florida Statute § 784.03)
- Definition: Intentional, unwanted physical contact.
- Requires actual touching (hitting, pushing, spitting, etc.).
- Example: Punching someone during an argument.
| Factor | Assault | Battery |
|---|---|---|
| Physical Contact | No | Yes |
| Threat Required | Yes | No |
| Penalty (Simple Charge) | 2nd-degree misdemeanor (60 days jail) | 1st-degree misdemeanor (1 year jail) |
Penalties for Assault and Battery in Florida
1. Simple Assault (Misdemeanor)
- § 784.011: Up to 60 days in jail and $500 fine.
2. Simple Battery (Misdemeanor)
- § 784.03: Up to 1 year in jail and $1,000 fine.
3. Aggravated Assault/Battery (Felony)
- Aggravated Assault (§ 784.021): Use of a deadly weapon OR intent to commit a felony – 3rd-degree felony (5 years prison).
- Aggravated Battery (§ 784.045): Causes serious bodily harm OR uses a weapon – 2nd-degree felony (15 years prison).
Note: If the victim is a police officer, elderly person, or pregnant woman, penalties increase significantly.
Common Defenses Against Assault and Battery Charges
If you’re facing assault or battery charges in West Palm Beach, Boca Raton, or Fort Lauderdale, possible defenses include:
✅ Self-Defense (Stand Your Ground – § 776.012) – You had a reasonable fear of harm.
✅ False Accusations – The alleged victim exaggerated or lied.
✅ No Intent – The contact was accidental.
✅ Lack of Evidence – No witnesses or proof of threat/physical harm.
FAQs About Assault and Battery in Florida
1. Is assault or battery a felony in Florida?
Most simple cases are misdemeanors, but aggravated assault/battery (involving weapons or serious injury) are felonies.
2. Can you go to jail for assault in Florida?
Yes, simple assault carries up to 60 days in jail, while aggravated assault can mean 5 years in prison.
3. What’s worse: assault or battery?
Battery is typically more severe because it involves physical harm. Penalties are harsher.
4. Can assault charges be dropped in Florida?
Yes, if the victim recants or there’s insufficient evidence, prosecutors may dismiss charges.
5. Should I hire a lawyer for assault/battery charges?
Absolutely. A skilled attorney can negotiate for reduced charges or dismissal.
Facing Assault or Battery Charges in Palm Beach? Call Us Today!
If you’ve been charged with assault, battery, or aggravated assault in Florida, Dominique Russo at Russo Law & Advocacy can help. We serve clients in:
📍 Palm Beach County (West Palm Beach, Boca Raton, Jupiter)
📍 Broward County (Fort Lauderdale, Hollywood)
📍 Miami-Dade County (Miami, Coral Gables)
📞 Free Consultation
Don’t risk your future—call now to discuss your defense!
