Two of the most commonly misunderstood crimes in Florida, as well as just about every other jurisdiction in the United States, are assault and battery. Although assault and battery are often related crimes and discussed together, the two are separate and distinct criminal offenses with different legal elements, definitions, and potential punishments. People frequently confuse the two and fear they can be charged with one offense (that is, assault and battery) when in reality they have only performed actions that meet the definition of one of the two offenses (that is, assault or battery).
However, both are considered violent crimes that involve the use (or threat of the use) of force and violence, but only one (battery) actually involves force or violence that is carried out or acted upon. Instead, assault involves a threat of force or violence, even if the threat is never actually even acted upon. This is an important distinction that many people are unaware of and can carry with it a significant difference in the potential criminal penalty that a person may find him or herself facing if charged criminally. It is also important to understand that simply making a threat, even if you see it as mere posturing, can be a criminal offense for which you could be prosecuted. Therefore, be careful making threats, because by doing so you could be unintentionally setting yourself up for an assault charge.
What is the Definition of Assault under Florida Law and
What are the Penalties?
Florida law defines assault as an intentional, unlawful threat to do violence to another person, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in the other person that violence is imminent. The offense does not include physical contact between the perpetrator and the victim. Florida law establishes the two specific offenses of simple assault and aggravated assault. Simple assault is a second-degree misdemeanor, which can result in a sentence of imprisonment for up to sixty days and a fine that cannot exceed $500. Aggravated assault is a third-degree felony, which can result in a sentence of imprisonment of up to five years and a fine of up to $5,000.
What Is Battery Under Florida Law and What Are the Consequences of a Battery Conviction?
In Florida, battery is defined by law as any intentional and unconsented touching or striking of another person against their will or intentionally causing harm to another person. Simple battery is a first-degree misdemeanor, punishable by up to one year in prison and a $1,000 fine. If a person has a previous conviction for battery, then a battery conviction can constitute a third-degree felony, which can lead to imprisonment for up to five years and a fine of up to $5,000. Florida law also provides aggravated battery, a second-degree felony, for which the defendant might receive a sentence of imprisonment lasting up to fifteen years and a fine in an amount up to $10,000. To prove aggravated battery, a prosecutor must show that the defendant intended to cause serious bodily injury to the victim or that the accused used a deadly weapon in committing the battery. Therefore, the main distinction between an assault and a battery is the actual element of touching or striking another person; this act alone can spell the difference between thousands of dollars in fines and years in prison.
Contact Experienced West Palm Beach
Criminal Defense Attorney Bryan Raymond
Experienced West Palm Beach criminal defense attorney Bryan Raymond has the legal experience and courtroom skills necessary to defend you if you have been accused of assault, battery, or any other violent crime in Palm Beach County. Bryan has been defending criminal defendants accused of assault, battery and other crimes of violence for more than 20 years. He will aggressively defend your case, from conducting a thorough and exhaustive investigation at the beginning of the case to moving to exclude evidence that may be harmful to you or using every procedural and legal vehicle that can benefit his clients. Rest assured that Bryan will fight for you every step of the way, up to and including trial. Therefore, if you have been accused of assault, battery or another violent crime in Palm Beach County, contact Bryan today at (561) 682-1115 or [email protected].
