What is the Difference Between Assault and Battery?

When a person has threatened another person or has engaged in an alleged act of physical violence against another person, that person could be facing charges for assault and battery under Florida law. While it often sounds like “assault and battery” is a single offense, these are actually two separate offenses under Florida law. A person can be charged solely with assault or solely with battery, but more often than not, a person who is facing one of these charges will often face the other, as well.

What are the differences between assault and battery charges under Florida law? Consider the following information from our Tampa assault and battery defense attorney at the Law Offices of Daniel J. Fernandez, P.A.

Assault Versus Battery

The basic way to explain the difference between assault and battery is that assault involves an intentional threat to harm (but no touching), while battery involves intentional and unwanted touching. When a person allegedly threatens someone else and then allegedly strikes that person, the first act (the threat) may result in an assault charge while the subsequent act (the striking of the person) may result in a battery charge.

Assault can be charged as a second degree or first degree misdemeanor depending on the circumstances, and battery can be charged as a misdemeanor or felony depending on the specific circumstances.

Elements of Assault Versus Elements of Battery

Under Section 784.011 of the Florida Statutes, a person commits an assault when there is:

• An intentional, unlawful threat by word or act to do violence to the person of another;
• An apparent ability to do so (to follow through on the threat); and
• Doing some act which creates a well-founded fear in such other person that such violence is imminent.

Under Section 784.03 of the Florida Statutes, a person commits battery when the person:

• Actually and intentionally touches or strikes another person against the will of the other; or
• Intentionally causes bodily harm to another person.

It is important to know that the offense of battery does not need to involve a type of unwanted touching that causes obvious physical harm or physical injury. Battery can involve an act as seemingly minor as touching another person who does not want to be touched.

Contact Our Tampa Criminal Defense Attorneys for Assistance with Your Assault or Battery Defense in Florida 

When a person is facing charges for assault or battery, they are often facing charges for both offenses. While the offenses are distinct, they are frequently charged together, as we discussed above, given that many alleged acts involving assault or battery also involve the other. Regardless of whether you are facing assault charges, battery charges, or charges for both offenses, you need to have experienced legal counsel on your side to assist with your defense. One of the experienced Tampa assault and battery defense lawyers at the Law Offices of Daniel J. Fernandez, P.A. can discuss the details of your today and can begin working with you on a defense strategy. Contact us to learn more about the criminal defense services we provide to clients in Florida.

Sources: 

flsenate.gov/laws/statutes/2021/784.011

flsenate.gov/laws/statutes/2021/784.03