Assault and battery are often used together — but under Florida law, they are two separate crimes with different legal definitions and penalties.
If you’re facing assault, battery, or both in Fort Lauderdale or anywhere in South Florida, knowing the distinction can impact how your case is charged, negotiated, and defended.
Let’s break it down.
⚖️ Florida’s Legal Definitions
Under Florida Statutes § 784.011 and § 784.03:
Assault is the threat of violence — without physical contact
Battery is actual, intentional physical contact — even slight
Here’s how that plays out:
| Offense | What It Means | Charge |
|---|---|---|
| Assault | Threatening violence with the ability to carry it out | 2nd-degree misdemeanor |
| Aggravated Assault | Assault with a deadly weapon or intent to commit a felony | 3rd-degree felony |
| Battery | Actually striking or touching another person without consent | 1st-degree misdemeanor |
| Aggravated Battery | Causing serious injury or using a deadly weapon | 2nd-degree felony or higher |
Assault and battery are often used together — but under Florida law, they are two separate crimes with different legal definitions and penalties.
If you’re facing assault, battery, or both in Fort Lauderdale or anywhere in South Florida, knowing the distinction can impact how your case is charged, negotiated, and defended.
Let’s break it down.
🧠 Real-World Examples
Assault: You swing a bat at someone and miss — or raise your fists and threaten to punch them
Battery: You actually throw the punch or shove someone
Aggravated Assault: You brandish a knife or gun during a threat
Aggravated Battery: You hit someone with a weapon and cause serious harm
🚨 Common Situations Leading to Charges
Bar fights or club altercations
Domestic arguments that escalate
Road rage or traffic disputes
School or workplace confrontations
False accusations during contentious breakups or divorce
🛡️ Legal Defenses to Assault or Battery Charges
At Michael White, P.A., we’ve helped countless South Florida clients fight back against violent crime charges — especially when:
The alleged victim was the aggressor
Our client acted in self-defense or defense of others
The touching was accidental or incidental
There’s no credible evidence (no injuries, no witnesses)
Police arrested the wrong person
We may also be able to fight for:
Pretrial diversion (for first-time offenders)
Charge reductions
Dismissal due to lack of intent or conflicting evidence
📍 Fort Lauderdale Arrest? Act Fast.
Broward County prosecutors pursue violent crime charges aggressively — especially if weapons are involved. Even a misdemeanor can lead to:
Jail time
Immigration consequences
A permanent criminal record
Loss of gun rights
Getting a defense attorney involved early gives you the best shot at avoiding conviction.
📞 Call us today to discuss your options.
🙋♂️ Frequently Asked Questions
❓ Can I be charged with battery even if I didn’t hurt the person?
Yes — even unwanted touching or a minor shove can result in a battery charge.
❓ What if I was defending myself?
Self-defense is a valid and common legal defense, especially when the other person was the aggressor.
❓ Is assault a felony or a misdemeanor in Florida?
Simple assault is a misdemeanor, but aggravated assault is a felony.
❓ Will a battery conviction go on my permanent record?
Yes — unless the charge is dropped, dismissed, or you qualify for sealing later.
❓ Can I go to jail for a first offense?
Yes, but many first-time defendants may be eligible for diversion or a withhold of adjudication.