15th Aug 2022
In Florida, assault and battery are different offenses.
When an argument or dispute gets out of control, both parties involved might be arrested for assault and battery. Given their violent nature, a conviction for assault and battery in Florida leads to a permanent criminal record, fines and imprisonment.
These two are the most common violent crimes and the simple forms of assault and battery are considered misdemeanors.
What is assault?
Assault is threatening a person to commit a violent act against another person.
An assault is committed when a person intentionally or recklessly causes someone to expect that
unlawful force is about to be inflicted upon them. This means that inciting fear, including where
someone might pretend to act out a more serious offence, can be considered assault, even if there was
no contact between the defendant and the victim can be considered assault.
What is battery?
Battery occurs when an individual deliberately touches, strikes, or causes bodily harm to another
Florida statutes establishes that a person commits battery if he or she touches or strikes another person without their consent. Harming a person to intentionally cause them bodily harm is also considered battery. This crime is classified as a first-degree misdemeanor. Penalties include jail time and fines.
Batter implies illegal physical contact. In other words, if you touched or struck a person against their will or with the intention to harm them, you could be accused of battery.
Since they are related and commonly conflated, assault and battery are often confused. If you have been arrested for battery or assault in Miami, then you may want to call an experienced criminal defense attorney for legal advice.