In Florida, assault is defined as the threat or attempt of violence against another person, with the apparent ability to carry out the treat, therefore causing reasonable fear in the victim. Assault is distinguished from battery in that it does not involve the actual carrying out of the threat or attempt.
Battery involves striking or touching another person, intentionally and against the victim’s will. Often assault and battery charges are grouped together or the terms may be used interchangeably in common use.
Penalties may range from up to 60 days in jail to 30 years in state prison. Depending on the particular offense, whether the victim is a law enforcement officer, the defendant’s prior criminal record, whether a deadly weapon was used, and the extent of injury the victim suffers, an assault and/or battery charge may be classified as anywhere between a first degree misdemeanor all the way to a first degree felony.
Villafranco & Garcia, PLLC.
10850 South Federal Highway
Port Saint Lucie, FL 34952