Assault And Battery Are Two Different But Serious Offenses

The words "assault" and "battery" are often used interchangeably or to describe a single offense. Under Florida law, they are different offenses, but both can result in severe penalties. The two-attorney team at Cruz & Bano, P.A., can tenaciously defend you against charges of either assault or battery.

If you were arrested or charged, call our law office in Orlando at 407-459-1293 or email us for a free initial consultation. Hablamos español.

How Are The Two Charges Different? What Is An Aggravated Offense?

Whether you are charged with assault or battery depends on the circumstances, and even a seemingly minor factor can mean the difference between misdemeanor simple assault and felony battery.

There are many nuances to every case involving violence, which is why you should rely only on advice from a defense lawyer. That being said, the basic definitions of the offenses under the Florida penal code are as follows:

  • Assault: It is a second-degree misdemeanor to threaten, either verbally or with action, violence against another person. The threat must be believable, placing the person in fear of imminent violence.
  • Aggravated assault: It is a third-degree felony to commit an assault with a deadly weapon or with intent to commit a felony, such as a robbery.
  • Battery: It is a first-degree misdemeanor to actually touch or strike another person without their consent or cause another person bodily harm. A battery rises to the level of a third-degree felony if the alleged offender already has a conviction for battery, aggravated battery or felony battery on his or her record.
  • Aggravated battery: It is a second-degree felony to commit battery with a deadly weapon or against a pregnant woman or intentionally or knowingly cause serious bodily harm.

This is a good example of "lesser included offenses" and how we can have a potential felony charge like battery reduced to a misdemeanor assault if we cannot get the charges dismissed entirely.

Meet With One Attorney Or Two And Discuss Your Options

Speak with one or both of our attorneys about your case in a free initial consultation. Call us at 407-459-1293 or email us to schedule your meeting. We represent individuals throughout Central Florida. Hablamos español.