Assault and battery are typically viewed as two separate criminal charges, though often used interchangeably in casual conversation.
Assault vs. Battery
Assault
An intentional threat causing the victim to feel fearful of imminent violence. No physical contact required.
Battery
Actually and intentionally touching or striking another person against their will. Requires physical contact, even if no injury.
Degrees and Classifications
Assault Classifications
Simple assault (second-degree misdemeanor in Florida):
- Up to 60 days in jail
- Up to 6 months probation
- Up to $500 in fines
Aggravated assault (third-degree felony):
- Up to 5 years in prison
- Up to 5 years probation
- Up to $5,000 in fines
Battery
Simple battery (first-degree misdemeanor):
- Up to 1 year in jail
- Up to 1 year probation
- Up to $1,000 in fines
Aggravated battery (second-degree felony):
- Up to 15 years in prison (minimum 21 months)
- Up to 15 years probation
- Up to $10,000 in fines
The Importance of a Criminal Defense Attorney
Early Intervention
- Evidence Preservation
- Negotiations with Prosecutors
- Protection of Rights
Defense Strategies
- Self-Defense
- Lack of Intent
- Consent
- Mistaken Identity
- Insufficient Evidence
Minimizing the Fallout
- Alternative Sentencing
- Plea Negotiations
- First-Time Offender Programs
Long-Term Effects
Criminal Record
A permanent record can affect jobs, housing, professional licenses, education, loans, and immigration.
Professional
Healthcare workers, teachers, government employees, security personnel, licensed professionals.
Personal
Strained relationships, employment difficulties, travel restrictions, gun rights loss.
Choose the Right Attorney
Look for experience, communication skills, and a clear strategy.
The Time to Contact a Criminal Defense Lawyer is Now
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