While you may hear people using the words “assault” and “battery” interchangeably or combining them into a single concept, in Florida these are two distinct criminal offenses. Simply put, assault refers to the threat of violence, and battery refers to actual violence.
What Is Assault?
According to Florida law, assault is an intentional physical or verbal threat of violence committed by someone with the apparent ability to follow through on the threat. It results in the victim fearing that violence is imminent.
Depending on the circumstances of the assault, prosecutors will either charge the offender with a first- or second-degree misdemeanor:
- First-Degree Misdemeanor – Maximum sentence is up to one year of imprisonment and up to $1,000 in fines
- Second-Degree Misdemeanor – Maximum sentence is up to 60 days of imprisonment and up to $500 in fines
What Is Battery?
According to Florida law, battery is the act of intentionally touching or striking another person against their will or intentionally causing bodily harm to them. Often, the physical violence of battery follows a threat of violence, which is why prosecutors may charge you with both assault and battery at the same time.
Depending on the circumstances of the assault, prosecutors will either charge the offender with a first-degree misdemeanor or a third-degree felony:
- Third-Degree Felony – Maximum sentence is up to five years of imprisonment and up to $5,000 in fines
- First-Degree Misdemeanor – Maximum sentence is up to one year of imprisonment and up to $1,000 in fines
Contact a Florida Keys Criminal Defense Attorney
If prosecutors have charged you with assault, battery, or both in Monroe County, Florida, contact the criminal defense attorneys at Reed Palacios Law Offices for a free case evaluation. Our legal team lives and works in the Florida Keys, and will help you understand the charges you’re facing, explain your legal options, provide insight to the State Attorneys’ approach, and work with you to seek the best possible outcome for your situation.