Assault & Battery Defense Attorney, South Florida

Assault vs. Battery in Florida

Many people use these words interchangeably, but Florida law treats them separately. Under Florida Statute § 784.011, assault is an intentional, unlawful threat, by word or act, to commit violence against another person, when the person has the apparent ability to do so and the act creates reasonable fear. No physical contact is required. Battery under § 784.03 requires actual physical contact, intentionally touching or striking another person against their will, or intentionally causing bodily harm.

Simple assault is a second-degree misdemeanor. Simple battery is a first-degree misdemeanor. Both escalate significantly when aggravating factors are present, use of a deadly weapon, serious bodily injury, the identity of the victim, or your prior record.

Aggravated Battery

Aggravated battery under § 784.045 is charged when the battery intentionally causes great bodily harm, permanent disability, or permanent disfigurement, or when a deadly weapon is used. This is a second-degree felony carrying up to 15 years in prison. If a firearm was used, Florida's 10-20-Life mandatory minimum sentencing law applies: use a gun, and you face a 10-year minimum. Fire it, 20 years. If someone is struck by a bullet, 25 years to life.

Stand Your Ground and Self-Defense

Florida's Stand Your Ground law (§ 776.012) is one of the strongest self-defense statutes in the country. You have no duty to retreat before using force, including deadly force, if you reasonably believe it is necessary to prevent death or great bodily harm to yourself or another. Robert has experience invoking Stand Your Ground at both the immunity hearing stage and at trial.

In addition to self-defense, Robert examines the alleged victim's conduct, any history of aggression between the parties, the presence of witnesses, and whether the physical evidence is consistent with the prosecution's account of the altercation.

Felony Battery and Habitual Offender Issues

A third battery conviction in Florida can result in a third-degree felony charge regardless of how minor the contact was. Prior convictions for battery, even misdemeanor convictions, can dramatically increase your exposure on a current charge. Robert evaluates whether prior convictions were properly documented and whether habitual offender enhancements apply.

Frequently Asked Questions