In some states, assault and battery are classified in a way that effectively render them the same criminal offense. State laws use the phrase “assault and battery” to describe all crimes that involve interpersonal aggression or threats.
In Florida, the state pursues each type of charge as a separate criminal issue. People can find themselves accused of either assault or battery. Prosecutors can even bring both assault and battery charges against a person for one particular incident.
Understanding the difference between assault and battery can help people understand the charges they’re facing and develop an appropriate defense strategy accordingly.
Assault involves a credible threat
Under Florida law, an assault is an attempt to put another person in fear for their safety. Assaults may involve verbal or written threats. They may also include physical intimidation intended to convince a person that they are likely to face violence. If another reasonable adult would feel unsafe in the same situation, threatening words or actions could constitute assault.
Battery is the intentional act of causing physical harm to another person. Both assault and battery offenses can be misdemeanors, but the state can also pursue felony charges in cases with aggravating factors.
Prior convictions, the use of a weapon and other unique details about an altercation can influence whether the state pursues misdemeanor or felony charges. Those accused of violent criminal offenses in Florida may need help responding to the allegations in court.
There are numerous defense strategies that can help those accused of assault and battery. Discussing one’s case with an attorney can help defendants accused of violent crimes protect their reputations and minimize the likelihood of a life-altering violent criminal conviction.
