What is the Difference Between Assault and Battery in Fort Lauderdale?
Assault and battery are very similar, but in fact, two very different offenses. Still, many people incorrectly use the two terms interchangeably to refer to the same offense. Regardless of the crime you are charged with, both assault and battery carry very harsh penalties for those convicted.
What is the Difference Between Assault and Battery?
While many people refer to ‘assault and battery’ as one offense, that is not the case. Unlike in some states, in Florida assault and battery are two separate crimes. Assault is defined as a physical or verbal threat that puts another person in fear for their safety. For example, if you told someone, ‘I am going to punch you in the face,’ that could be classified as assault.
On the other hand, battery is defined as the unlawful touching of another against their will. Staying with the above example, if you did actually punch someone in the face, you would face a battery charge. If you threatened them before committing the touching, you could be charged with both offenses, assault and battery. Not every touching constitutes a battery. For instance, if you were roughhousing with someone else and they became hurt, you could not face battery charges because they consented to the horseplay. Its also important to note that you do not have to actually cause harm or injury to the other person to be charged with battery. It is the touching that is illegal. Any harm or injury caused can, however, be used to enhance the charges.
Both assault and battery can be upgraded to aggravated assault and battery in different circumstances. Aggravated assault occurs when someone threatens another person while displaying a weapon with the intention of committing a felony offense.
There are several instances when simple battery can be enhanced to felony or aggravated battery. These can include incidents where a weapon was used, there was intent to cause severe bodily harm, disfigurement, or disability, or if the victim was pregnant at the time the battery occurred. A battery could also be enhanced to a felony if the victim is a public officer like a firefighter or law enforcement officer.
Penalties for Assault and Battery
Assault and battery both have very harsh consequences for those convicted. These are as follows:
- Assault: Classified as a second-degree misdemeanor, simple assault is punishable by a maximum of 60 days in jail and a maximum fine of $500.
- Battery: Simple battery is classified as a first-degree misdemeanor. The penalties for those convicted are up to one year in jail and a maximum fine of $1,000.
- Aggravated assault: Aggravated assault is classified as a third-degree felony. A conviction carries penalties of up to five years in prison and a maximum $5,000 fine.
- Felony battery: Felony battery is classified as a third-degree felony. A conviction carries penalties of up to five years in prison and a maximum $5,000 fine.
- Aggravated battery: Aggravated battery is classified as a second-degree felony. It is punishable by a maximum of 15 years in prison and a maximum fine of $10,000.
Our Assault and Battery Lawyer in Fort Lauderdale Can Help You Avoid Harsh Penalties
At Haber Blank, LLP, our Fort Lauderdale assault and battery lawyer can prepare a strong defense that will help you avoid the harsh penalties associated with the above offenses. Call us now at 954-767-0300 or chat with us online to schedule a consultation with our experienced attorney and to learn more about how our experienced attorney can help with your case.
Sources:
flsenate.gov/Laws/Statutes/2012/784.011
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0784/Sections/0784.03.html
