What is the Difference Between Assault and Battery in Florida?
What is the Difference Between Assault and Battery in Florida?
In Florida, assault and battery are often mentioned together but are distinct offenses with unique legal definitions. Understanding the difference between them is essential, particularly if you or a loved one faces these charges. At Chang & Pyles, we aim to clarify these terms and their implications for individuals in Brevard County.
Assault in Florida
Assault in Florida is defined as an intentional threat to harm someone, combined with an apparent ability to carry out the threat, which creates a well-founded fear in the victim. Importantly, no physical contact is required for an assault charge—simply the threat and intent to cause fear are enough. Assault is generally classified as a misdemeanor, but aggravated assault (involving a weapon) can elevate the charge to a felony.
Battery in Florida
Battery, on the other hand, involves intentional physical contact with another person against their will. Any unwanted or offensive physical contact, even if it causes no injury, can constitute battery in Florida. Battery is often a misdemeanor, but aggravated battery—causing significant injury or using a deadly weapon—can lead to felony charges.
Key Differences
The primary distinction is that assault involves a threat of harm without physical contact, while battery requires actual physical contact. Both offenses carry serious legal consequences, but battery charges generally have a higher potential for penalties due to the physical harm element.
If you need assistance navigating legal matters in Brevard County, contact Chang & Pyles. While we specialize in bankruptcy matters, we’re here to connect clients with trusted professionals for their defense needs.
