If you have been charged with assault and/or battery in Florida, it is critical to understand what these charges mean, what penalties you may face, and how the right criminal defense attorney can protect your future. At Doran Foxman Sims Wolfe & Yoon, our criminal defense team, led by former Florida Circuit Judge and prosecutor Matthew Foxman, provides skilled and aggressive defense for clients facing assault and battery charges across Volusia and Flagler Counties. With decades of experience and a commitment to client advocacy, we offer trusted and proven criminal defense services.
What Is Assault and Battery in Florida?
Assault and battery are often charged together but are legally distinct offenses in Florida:
- Assault (Fla. Stat. §784.011) is an intentional and unlawful threat by word or act to do violence to another person, coupled with an apparent ability to do so, creating a well-founded fear that violence is imminent.
- Battery (Fla. Stat. §784.03) is defined as knowingly and willfully striking or touching someone in a harmful or offensive manner.
Knowing the distinction between assault and battery is crucial. An assault can be charged even if no physical contact occurs, while battery involves actual unwanted or harmful touching.
Types of Assault and Battery Charges
Florida law recognizes various degrees and types of assault and battery charges, including:
1. Simple Assault
Charged as a second-degree misdemeanor, simple assault is punishable by up to 60 days in jail and a fine of up to $500. Examples are raising a fist and threatening to punch someone, swinging a bottle at someone, or making a threatening gesture.
2. Aggravated Assault
Aggravated assault occurs when a person makes a credible threat to commit violence while either using a deadly weapon or having the intent to commit a felony. It does not require physical contact but is charged as a third-degree felony, punishable by up to five years in prison and a fine of up to $5,000. Examples are the threat of using a weapon or dangerous instrument against another in a robbery or rape crime.
3. Simple Battery
Often referred to as a simple battery charge, this first-degree misdemeanor can lead to up to one year in jail and a $1,000 fine. An example is pushing someone during an argument.
4. Aggravated Battery
Aggravated battery causes great bodily harm using a deadly weapon against another or intentionally striking a pregnant woman. It is a second-degree felony, and carries penalties of up to 15 years in prison and a $10,000 fine.
5. Domestic Abuse Battery
This type of battery involves individuals in a domestic relationship. It is the intentional use of force or violence committed by one household member against another. These charges often carry enhanced penalties, mandatory counseling, and no-contact orders.
What Is the Penalty for Assault and Battery in Florida?
Assault and battery penalties in Florida vary based on the severity of the charge and the circumstances surrounding the case. Factors that can increase penalties include:
- Use of weapons
- Injuries to the victim
- Prior convictions
- Assaulting a law enforcement officer, firefighter, or EMT
Misdemeanor penalties may include short jail sentences, probation, community service, and anger management classes. Felony charges can result in multi-year prison terms, substantial fines, and a permanent criminal record.
Legal Defenses to Assault and Battery Charges
Our experienced assault and battery attorney will evaluate your case to identify strong legal defenses, which may include:
- Self-defense or defense of others
- Lack of intent to harm
- Mutual combat
- False accusations
- Insufficient evidence
Every case is unique, and having a trusted criminal defense attorney on your side is essential for navigating the legal system.
Statute of Limitations on Assault and Battery
The statute of limitations in Florida depends on the severity of the charge:
- Misdemeanor assault or battery: 2 years from the date of the alleged offense
- Felony battery or aggravated assault: 3 to 4 years, depending on the classification, and in some cases, there are no limitations on filing charges
The Importance of Evidence
Evidence is often the deciding factor in assault and battery prosecutions. Key forms of evidence include eyewitness statements, police body cam footage, surveillance video, medical records, and photographs of any injuries. At Doran Foxman Sims Wolfe & Yoon, we investigate thoroughly to identify weaknesses in the prosecution’s case and ensure all favorable evidence is presented in your defense.
Assault and Battery Against Special Victims
Assault or battery charges become significantly more serious when the victim is a law enforcement officer, firefighter, emergency medical technician, disabled or elderly individual, or a public official. In these cases, Florida law imposes mandatory minimum sentences and upgraded felony classifications. It is crucial to work with our experienced defense attorney, who understands the nuances of these enhanced charges.
Juvenile Assault and Battery Charges
When minors are charged with assault or battery, the process typically moves through the juvenile justice system. While the penalties may be less severe than those in adult court, the consequences can still be significant, affecting educational opportunities and future employment prospects. Attorney Matthew Foxman works to secure outcomes that avoid long-term harm and prioritize rehabilitation.
Steps to Take If You Have Been Accused
If you are facing assault or battery accusations, secure experienced legal representation immediately. Do not speak to law enforcement without a lawyer present. Preserve any evidence that could support your case, such as messages, video footage, or eyewitness contacts. Contact our Daytona Beach criminal defense attorney to begin preparing your defense strategy.
Pre-Trial Diversion Programs
For eligible first-time offenders, Florida offers pre-trial diversion programs that can lead to the dismissal of charges upon successful completion. These programs may include anger management classes, community service, and probation-like supervision. Our law firm can assess your eligibility and negotiate on your behalf with the prosecutor.
A Former Circuit Judge and Prosecutor On Your Side
Matthew Foxman, a former Florida Circuit Judge and experienced prosecutor, brings invaluable insight into how these cases are charged, prosecuted, and defended. Whether you are facing a domestic abuse battery accusation or a felony battery crime, he is here to fight for your freedom.
Facing assault and battery charges without legal representation can have life-altering consequences. At Doran Foxman Sims Wolfe & Yoon, we offer a complimentary consultation with our criminal defense attorney to help you understand your rights and develop a strategic defense. As a criminal defense attorney with deep roots in Florida, Attorney Matthew Foxman knows how to handle assault and battery charges with discretion and skill.
Contact an Assault and Battery Lawyer in Daytona Beach Today
If you or a loved one is facing assault and battery charges in Florida, do not delay in seeking legal help. Contact Doran Foxman Sims Wolfe & Yoon for a free case evaluation. We know the stakes are high and will work diligently to protect your rights. We serve clients throughout Volusia and Flagler Counties with dedication, discretion, and proven results.
Call us today at (386) 253-1111 or complete our online form to schedule your consultation and take the first step toward defending your future.