Assault & Battery

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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.

ASSAULT; 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:

(a) With a deadly weapon without intent to kill; or
(b) With an intent to commit a felony.

(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:

1. Actually and intentionally touches or strikes another person against the will of the other; or
2. Intentionally causes bodily harm to another person.
(b) Except as provided in subsection (2), a person who commits battery commits a misdemeanor of the first degree.
(2) A person who has one prior conviction for battery, aggravated battery, or felony battery and Who commits any second or subsequent battery commits a felony of the third degree.

784.041 Felony battery; domestic battery by strangulation.--

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

(a) Actually and intentionally touches or strikes another person against the will of the other; and
(b) Causes great bodily harm, permanent disability, or permanent disfigurement.
(2)(a) A person commits domestic battery by strangulation if the person knowingly and intentionally, against the will of another, impedes the normal breathing or circulation of the blood of a family or household member or of a person with whom he or she is in a dating relationship, so as to create a risk of or cause great bodily harm by applying pressure on the throat or neck of the other person or by blocking the nose or mouth of the other person. This paragraph does not apply to any act of medical diagnosis, treatment, or prescription which is authorized under the laws of this state.

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

1. "Family or household member" has the same meaning as in s. 741.28.
2. "Dating relationship" means a continuing and significant relationship of a romantic or intimate nature.
(3) A person who commits felony battery or domestic battery by strangulation commits a felony of the third degree.

784.045 Aggravated battery.--

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

1. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or
2. Uses a deadly weapon.
(b) A person commits aggravated battery if the person who was the victim of the battery was pregnant at the time of the offense and the offender knew or should have known that the victim was pregnant.
(2) Whoever commits aggravated battery shall be guilty of a felony of the second degree.

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.

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