Assault and battery in Florida are criminal offenses that typically result in different charges and penalties. They can sometimes be confused with one another, but Florida assault and battery laws have specific language that differentiates the two.
The fundamental difference is whether or not physical contact occurred between the parties involved. This is directly related to the assault and battery charge and the associated penalties if the person is convicted of the crime.
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What is assault and battery?
Assault and battery charges in Florida are delineated into two types:
- simple assault and
- battery and aggravated assault and battery.
First, the primary difference between assault and battery should be clear.
What is assault?
Florida Statute § 784.011 defines assault as “an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.”
An assault is considered a threat, and it does not include physical contact or bodily harm. States may differ in the delineation of assault and battery.
Example of an Assault in Florida
Here is an example of what could be considered assault charges in Florida:
A man named Rick becomes upset at another man named Phil as they are sitting together at a crowded restaurant. Rick stands up, leans over him menacingly, pulls his fist back, and says, “You better say you’re sorry.” Phil then scoots his chair back, leaves the table, and walks out of the restaurant.
What is battery?
Florida Statute § 784.03 defines battery as when a person “Actually and intentionally touches or strikes another person against the will of the other; or intentionally causes bodily harm to another person.”
According to assault and battery law, charges of battery against another person do include physical contact or bodily harm.
Example of Battery in Florida
Here is an example of what could be considered battery charges in Florida:
In the same setting as above, after Rick stands up and says to Phil, “You better say you’re sorry,” instead of scooting his chair back, Phil stands up to face Rick and says, “Make me.” Then, Rick punches him very hard in the face, and Phil is knocked backward and falls to the floor.
The level of the offense will determine whether it is considered “simple” or “aggravated” under assault and battery law.
Florida Statute § 784.021 defines aggravated assault as “an assault: (a) with a deadly weapon without intent to kill; or (b) with an intent to commit a felony.”
For the offense to be considered “aggravated,” it must include at least one of the parameters. It is important to note that a deadly weapon, under the law, is not necessarily limited to guns or knives; it could also include other items such as broken beer bottles, stones, bricks, etc.
Example of Aggravated Assault in Florida
Here is an example of what could be considered aggravated assault charges in Florida:
Two brothers, Larry and David, get into a fierce argument, yelling at one another on the front lawn of their mother’s house. Larry reaches into his coat pocket and pulls out a pistol, and aims it at David, shouting, “You better leave and don’t come back!” David gets scared and runs down the street.
Assault and Battery Laws in Florida
Assault and battery, under Florida Statutes, can either be considered misdemeanors or felonies, depending on the level of harm and the type of victim. Simple assault and battery are often misdemeanors. When the level of harm rises, an individual can get charged with aggravated assault or felony battery.
If victims of assault and battery are considered to be in certain classes of vulnerability, the State of Florida increases the penalties for perpetrators, which include:
- health care workers,
- police,
- emergency responders,
- school teachers, and
- corrections staff
Domestic violence victims also have additional protections under Florida domestic violence laws.
Florida Penalties for Assault and Battery Charges
Assault and battery charges in Florida come with serious consequences if convicted. Here is a basic overview of the types of penalties:
Assault — Second-degree misdemeanor with up to sixty days in jail, a $500 fine, and potentially anger management counseling and an order to have no contact and stay away from the victim. If the victim is in a protected class, it rises to a first-degree misdemeanor with up to a year in jail and a $1,000 fine.
Battery — First-degree misdemeanor. Simple battery can increase to a third-degree felony in certain circumstances, including if the victim is in a protected class with a maximum time in prison of up to five years and a $5,000 fine.
Aggravated Assault — Third-degree felony with up to five years in prison and a $5,000 fine.
Aggravated Battery — Second-degree felony with up to 15 years in prison and a $15,000 fine. The following situations would be considered aggravated battery: if the victim was pregnant, if a deadly weapon was used, or if the offender intentionally caused great bodily harm, disfigurement, or permanent disability.
Common Defenses Against Assault and Battery Charges
In the legal landscape of Florida, defending against assault and battery charges involves not only a deep understanding of statutory provisions but also a strategic application of case law and procedural rules. Here, we delve into specific defenses, integrating more detailed legal principles and factual nuances that can be pivotal in these cases.
- Self-Defense under Florida Statute § 776.012: Florida’s “Stand Your Ground” law provides that a person is justified in using force, including deadly force, if they reasonably believe such force is necessary to prevent imminent death or great bodily harm to themselves or another or to prevent the imminent commission of a forcible felony. This defense is uniquely robust in Florida, eliminating the duty to retreat before using force in self-defense, provided the person is not engaged in criminal activity and is in a place where they have a right to be.
- Defense of Others, articulated in Florida Statute § 776.031: Similar to self-defense, this legal principle allows an individual to use force in defense of another person when they reasonably believe that the intervention is necessary to prevent imminent harm. The defender’s perception of the threat must be assessed from the standpoint of a reasonable person in the same situation, considering whether the protected person had the right to self-defense.
- Consent as a Defense: The Florida Standard Jury Instructions for Criminal Cases include considerations for consent as a defense against battery charges. For consent to be valid, it must be freely given by a person with the legal capacity to consent, and the extent of the consented action must be clearly established. For instance, in sports contexts, participants consent to physical contact inherent to the sport, but not to conduct that goes beyond the game’s usual scope.
- Lack of Intent to Harm: Intent is a critical component of assault and battery offenses. Demonstrating that an action was accidental or misinterpreted can negate the required mens rea, or criminal intent. For example, accidental contact in a crowded space may not constitute battery if there was no intent to cause harm.
- Alibi Evidence: Presenting a credible alibi involves substantiating the accused’s presence at a different location at the time of the alleged offense. Detailed records such as GPS data, credit card transactions, or time-stamped video footage can corroborate an alibi, casting doubt on the prosecution’s claim of the accused’s involvement.
- Insufficient Evidence and the Burden of Proof: Highlighting the prosecution’s failure to meet the burden of proof beyond a reasonable doubt is a fundamental defense strategy. This may involve questioning the credibility of eyewitness testimony, pointing out inconsistencies in the victim’s account, or challenging the forensic evidence linking the accused to the alleged crime.
- Mistake of Fact as outlined in Florida Case Law: This defense asserts that the accused had a reasonable but incorrect belief about a fact that, if true, would justify or excuse the behavior in question. Jurisprudence in Florida recognizes mistake of fact as a valid defense when it negates a specific intent element of the charged offense.
- Florida Statute § 776.032 Immunity from Prosecution: This provision offers immunity from criminal prosecution and civil action to individuals who use force as permitted under the state’s self-defense laws. Successfully asserting this immunity can lead to the dismissal of charges before a trial. However, the accused must present a prima facie case of self-defense at a pre-trial hearing for the immunity to apply.
Each of these defenses requires a tailored approach, based on the specific circumstances of the case and the available evidence. Crafting an effective defense strategy often involves a combination of factual investigation, legal research, and skilled advocacy. A defense attorney’s role is crucial in evaluating the viability of these defenses, presenting them compellingly in court, and navigating the procedural intricacies of the Florida criminal justice system.
When to Contact a Criminal Defense Attorney
If you or someone you know is arrested or has been issued a notice to appear, it is vitally important to contact a Pinellas County criminal defense attorney as soon as possible to ensure your legal rights are protected.
Your criminal defense attorney will thoroughly examine the details of your case, develop a strategic defense of the charges, and be an aggressive advocate of your rights throughout each step in the proceedings.
Contact Golden Key Law at 727-317-4738 today to schedule a confidential consultation.
