Former Prosecutor | Former Insurance Defense Attorney

Click To Call : Free Consultations

Criminal Defense
View Practice Areas

Personal Injury
View Practice Areas

Naples, Florida

Assault and battery are separate crimes in Florida

On Behalf of | Aug 18, 2017 | Blog

Threatening physical harm and/or physically harming another person intentionally are crimes according to the state of Florida. While many states consider assault and battery to be pretty much one in the same, state statutes define them as two separate crimes.

Law enforcement officials take both assault and battery quite seriously. The consequences associated with a conviction on either or both crimes can be quite significant. How do assault and battery differ? What are the penalties for each? How can you fight assault and/or battery charges in criminal court?


In Florida, assault is threatening to harm another person, causing that individual to fear for his or her safety. Two elements must exist for prosecuting attorneys to prove an assault occurred. These are:

  • There was a threat of physical violence made
  • The victim felt fear

There are three types of assault charges established under state laws. These are simple, aggravated and felony. If convicted on any of these, the consequences include imprisonment and fines.


Battery, according to state laws, involves the actual harming of another human being. Two elements must exist in such cases in order to achieve convictions. These are:

  • The accused physically struck the victim
  • The act of violence was committed against the will of the victim

There are three types of battery charges established under state laws. Just like assault charges, these are simple, aggravated and felony. Here, too, the penalties include imprisonment and hefty fines if a conviction ultimately takes place.

Defenses against assault and/or battery charges

Fighting assault and/or battery charges is not an easy feat. There are some defense options, though, that may help your case. Some of these include:

  • Self-defense
  • Unintentional act
  • Impaired
  • Deny involvement

Knowing the best route to take is not always clear-cut. After reviewing your case, your legal counsel can identify any information that may have been overlooked that can help your case, and they will have the ability to explain all of your options to you in great detail, which will allow you to make an informed decision regarding the course of action that will best fit your needs.

Though the legal road before you may not be an easy one, with the right assistance, it is possible to do all that is necessary in order to achieve the best outcome possible.