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Clearwater Criminal Defense Lawyer > Blog > Criminal Defense > Are Assault And Battery The Same?

Are Assault And Battery The Same?


In Florida and throughout the country, assault and battery are criminal offenses. But there are differences in how the charges are handled from state to state. Florida law has specific language that distinguishes one offense from the other, both carry penalties. The basic difference between assault and battery is if physical contact was made.

After an arrest, talk to a Clearwater criminal defense lawyer as soon as possible. You need an experienced attorney to develop an appropriate plan and create a strong defense given the details of your situation. When you have a legal professional  with years of criminal justice experience on your side, you may be able to access outcomes that would not be available to you on your own.

Simple or Aggravated Assault and Battery

There are different types of Florida assault and battery charges, including simple and aggravated assault and battery.

Assault is an unlawful and intentional threat. The threat is to do violence to another person in a way that the other person believes violence is imminent. Physical contact and bodily harm does not have to occur, assault is a threat. Battery, on the other hand, is when a person intentionally strikes or touches another. The contact is done with intent to harm and is against the will of the other individual.

Charges will elevate from simple to aggravated if there is use of a deadly weapon or an intention to commit a felony. Under Florida law, a deadly weapon could be any or all of the following.

  • Gun
  • Knife
  • Broken bottle
  • Stones
  • Rocks
  • Bricks

Aggravated assault is a third degree felony offense for many Florida perpetrators. This means the individual will be facing up to five years in prison or five years of probation. Additionally, a $5,000 fine is possible. Even first-time offenders could lose their freedom and be imprisoned for a period of time. These charges are taken seriously under the Florida judicial system.

It is possible for assault and battery offenses to be misdemeanors or felonies. The level of the charge will depend on the harm done and who was involved in the event. There are increased penalties when assault and battery perpetrators target teachers, healthcare workers, law enforcement, or individuals working in corrections. Additionally, victims of domestic violence have added protections.

Building Your Defense

When you hire a Clearwater criminal defense lawyer, they will develop a defense that aligns with the circumstances of the arrest. For example, there may be a path to proving you were acting in self-defense or maybe you have an alibi that proves you were not involved in the event at all. Other defense strategies involve immunity or entrapment.

Are you facing an assault and battery charge? Connect with a legal professional right away to ensure your rights are protected. The lawyers at the King Law Group will examine the facts of your case and develop a strategic path forward. We will aggressively advocate for you each step of the way, fighting for your rights and protecting your freedoms. Schedule your free consultation today.

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