Assault & Battery

Assault & Battery

Tampa Attorney Representation Since 1978

It is very common for people to use the term assault and battery together. In the eyes of the law these are two separate offenses and this fact is often misunderstood by the general public. These offenses can be charged as either felonies or misdemeanors depending on the exact allegation.

The best way to distinguish the two offenses is as follows: An assault involves the attempt or threat of violence and serious bodily injury against a person, battery involves the actual striking, hitting or unwanted touching of another. Below is the relevant part of Florida Statute 784 further explaining assault and battery.


784.011 Assault.--

(1) An "assault" is 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.

(2) Whoever commits an assault shall be guilty of a misdemeanor of the second degree.

784.021 Aggravated assault.--

(1) An "aggravated assault" is an assault:

(2) Whoever commits an aggravated assault shall be guilty of a felony of the third degree.

784.03 Battery; felony battery.--

(1)(a) The offense of battery occurs when a person:

784.041 Felony battery; domestic battery by strangulation.--

(1) A person commits felony battery if he or she:

(b) As used in this subsection, the term:

784.045 Aggravated battery.--

(1)(a) A person commits aggravated battery who, in committing battery:

If you have been arrested for or accused of assault and/or battery you need to consult an experienced Tampa Criminal Defense attorney as soon as possible.