In Florida, assault and battery are distinct criminal offenses that are often charged together. Both crimes can lead to severe penalties, depending on their severity and the circumstances surrounding the incident. The crimes and therefore their potential defenses can be intertwined.

Assault is intentionally threatening violence against another person with the apparent ability to carry out the threat, thus putting the victim in fear of physical harm. Assault is a second-degree misdemeanor, punishable by up to 60 days in jail and a $500 fine. If the assault involves a threat to a law enforcement officer, it can be elevated to a third-degree felony, carrying a penalty of up to five years in prison.

Battery, defined as the unlawful touching or striking of another person without their consent, is a first-degree misdemeanor, punishable by up to one year in jail and a $1,000 fine. Aggravated battery occurs if severe injuries are inflicted, if the act is committed using a weapon or if the victim is a vulnerable person, such as a child or elderly individual. Aggravated battery is a second-degree felony, carrying a prison sentence of up to 15 years.

Defenses to assault and battery charges depend largely on the facts and the circumstances of the incident. Cases often turn on the credibility of the alleged victim and their relationship to the accused. Assault and battery cases usually involve people who have prior histories with each other. In many cases, the strongest defense can be to impeach the credibility of the victim and to point out flaws in their account of the incident. Inconsistencies in other witnesses’ testimony can also be shown.

Self-defense is the most common defense raised. A person threatened with violence can use reasonable force to defend themselves. The use of deadly force may be justified if you reasonably believe you are in imminent danger of death or serious bodily harm. Florida’s "Stand Your Ground" law makes it unnecessary for you to retreat before using force in such cases. However, the use of force must be proportional to the threat of harm and must end once the threat subsides. 

You may also use force to protect another person or your property, provided the force is reasonable and proportional to the threat of harm.

A skilled criminal defense attorney can determine the best defense strategy based on the facts of the case. Remedies can include plea bargains for reduction of charges and avoidance of harsh sentences.

If you face assault and battery charges in Florida, The Law Offices of Tad A. Yates, P.A. in Orlando can provide a vigorous defense. Call us at 407-608-7777 or contact us online to schedule a consultation.