Assault is an intentional, unlawful threat by word or act to do violence to another person, which causes apprehension of imminent bodily harm. Committing an assault is considered a second-degree misdemeanor, punishable by up to 60 days in jail or a $500 fine. An assault with a deadly weapon without intent to kill, or an assault with intent to commit a felony, elevates the charges to aggravated assault. Aggravated assault is a felony of the third degree and is punishable by up to one year in prison.
Battery is defined as intentionally touching or striking another person against their will, or intentionally causing bodily harm to another person. Committing battery is a first-degree misdemeanor punishable by a term of imprisonment of up to 1 year. In Florida, there are additional categories of battery – felony battery and aggravated battery. Felony battery occurs when someone actually and intentionally strikes another person against their will, causing great bodily harm, permanent disfigurement or permanent disability. This elevates the offense to a third-degree felony, which is punishable by up to 5 years in prison. Aggravated battery occurs when a person uses a deadly weapon in the battery, or commits a battery that causes great bodily harm, permanent disfigurement or permanent disability. Aggravated battery is considered a second-degree felony, punishable by a maximum of 15 years in prison.
Assault and battery are serious charges and a conviction can have irreparable consequences for your life and your future. If you are facing any assault or battery charge in Florida, you will need the advice of a knowledgeable criminal defense attorney right away. An experienced attorney can advocate for your rights and present legal defenses that may get your charges dismissed or your sentence reduced. The attorneys at Anidjar & Levine have defended clients in assault and battery cases throughout the state of Florida. We are known for our aggressive, honest and effective representation on behalf of our clients.
Call 800-747-3733 or fill out and submit our online “Contact Us” form to schedule a free, confidential consultation with an experienced South Florida assault and battery defense attorney.