What’s the difference between the crime of assault and the crime of battery in Florida?
Florida law differs significantly in its definition of assault from that of many other states. For example, in New York state the crime of assault is committed when a person causes harm to another with an intent to do so. In New York it does not matter how severe the injury is, if the victim suffers some significant pain or injury due to an intentional act, the crime of Simple Assault has occurred. In New York there is not a separate criminal charge of ‘battery”.
In Florida the crime of assault is defined 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”, Fla. Stat. §784.011. In other words, the crime of assault in Florida does not require that the victim suffer any physical injury or even be touched at all. It only requires that 1) a person make a threat of physical harm to another combined with the apparent ability to carry out the threat, and 2) the person receiving the threat be placed in fear that the violence is about to occur. The crime of assault in Florida is a 2nd degree misdemeanor punishable by up to 60 days in jail. To be convicted of assault in Florida the prosecutor must prove all three of the following: that you made the threat, that you had the ability to act on the threat, and that the alleged victim was put in fear that violence was about to occur. If such a threat occurs and it involves a weapon, that is the much more serious offense of Aggravated Assault which is a 3rd degree felony punishable by up to 5 years in state prison. If you find yourself in a situation where you are accused of any type of assault in Dunedin, Clearwater or Palm Harbor, FL, contact us at Hendry & Parker, P.A. for a free consultation.
On the other hand, the crime of battery in Florida occurs when a person touches or strikes another without their consent or when a person intentionally harms another. Florida Statute 784.03 states”….a battery occurs when a person 1) Actually and intentionally touches or strikes another person against the will of the other; or 2) Intentionally causes bodily harm to another person.” The crime of battery in Florida is a 1st degree misdemeanor punishable by up to one year in jail. If a person in Florida has been previously convicted of a battery, a second battery charge can result in felony battery charges which are punishable by up to 5 years in state prison.
If faced with any of these situations it is important to speak with an experienced attorney as soon as possible. If you are ever arrested for an assault or a battery in Pinellas or Pasco counties, call Hendry & Parker, P.A. at (727) 205-5555 right away to discuss your legal rights and forge the best path forward. Don Hendry and Kris Parker have over 25 years of combined experience fighting for your rights and liberty.