Why Choose Us?
Assault and battery charges can affect your freedom, record, job, family, and future. The Law Offices of Jose E. Lopez, P.A. provides focused criminal defense for people accused of misdemeanor and felony violent crimes in Orlando and Orange County.
Our advantages include:
- Free case evaluations for assault and battery charges
- Defense for misdemeanor and felony violent crime allegations
- Representation before and after formal charges are filed
- Careful review of police reports, witness statements, and video evidence
- Local defense for clients in Orlando, Orange County, and Central Florida
- Personalized guidance through each stage of the criminal process
- Trial ready representation when the case cannot be resolved fairly
If you were arrested for assault or battery in Orlando, you should take the charge seriously from the start. Florida law treats violent crime allegations harshly, and even a misdemeanor conviction can create lasting problems. An Orlando assault and battery defense attorney can help protect your rights, challenge the evidence, and work toward the best available outcome.
Protect your rights and your future. Contact our firm for a free case evaluation.
What Is Assault Under Florida Law?
Under Florida Statute 784.011, assault is defined as a crime involving a threat that causes a victim to fear imminent harm – it does not necessarily involve any physical contact between the victim and the offender. If the offender does make physical contact with the victim, they could be charged with battery.
Florida recognizes two types of assault: simple assault and aggravated assault.
What Is Simple Assault?
Simple assault is usually charged when the allegation involves a threat of violence without physical contact and without aggravating factors. It is a second degree misdemeanor in Florida.
A simple assault case may involve claims that someone:
- Threatened another person
- Raised a fist or made a threatening movement
- Acted in a way that caused fear of immediate harm
- Had the apparent ability to carry out the threat
- Created fear without actually touching the alleged victim
Simple assault may still carry jail time, fines, probation, and a criminal record.
What Is Aggravated Assault?
Aggravated assault is a more serious charge that usually involves an assault with a deadly weapon or an assault committed with the intent to commit another felony. In Florida, aggravated assault is a third degree felony.
Aggravated assault allegations may involve:
- A firearm
- A knife
- A vehicle
- Another object claimed to be a deadly weapon
- An alleged threat connected to another felony
- Disputed claims about intent or fear
Because aggravated assault is a felony, the consequences may be much more severe than a misdemeanor assault charge.
What Is Battery Under Florida Law?
Battery in Florida occurs when someone actually and intentionally touches or strikes another person against that person’s will, or intentionally causes bodily harm to another person. Unlike assault, battery requires physical contact or bodily harm.
Battery charges can range from misdemeanors to serious felonies depending on the facts, injuries, alleged victim, and prior record.
What Is Simple Battery?
Simple battery is usually charged as a first degree misdemeanor. It may involve unwanted touching, striking, pushing, or another intentional physical contact against another person’s will.
Simple battery allegations may arise from:
- Bar or nightclub incidents
- Domestic disagreements
- Public arguments
- Workplace conflicts
- School or campus incidents
- Misunderstandings during heated encounters
Even when no serious injury occurred, a battery charge can still create serious legal and personal consequences.
What Is Felony Battery?
Felony battery may apply when the accused has certain prior battery convictions or when the alleged incident caused significant bodily harm. In Florida, felony battery is generally a third degree felony.
A felony battery case may involve allegations of:
- Significant bodily injury
- Prior qualifying convictions
- Repeat accusations
- Escalated physical contact
- Conflicting witness accounts
- Medical records used as evidence
A defense should closely review whether the injury evidence, prior record, and witness statements actually support a felony charge.
What Is Aggravated Battery?
Aggravated battery is a second degree felony in Florida. It may be charged when someone, while committing battery, intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement, uses a deadly weapon, or commits battery against a person known to be pregnant.
Aggravated battery cases often require close review of:
- Medical records
- Injury photos
- Weapon allegations
- Witness statements
- Video footage
- Self defense evidence
- Whether the alleged injury meets the legal standard
These cases can carry severe penalties, so early defense work is critical.
What Is the Difference Between Assault and Battery in Florida?
The difference between assault and battery in Florida is physical contact. Assault usually involves a threat that creates fear of imminent violence. Battery involves an intentional unwanted touching, striking, or bodily harm. A person can face assault charges even if no one was touched.
Key differences include:
- Assault involves a threat or act that causes fear of immediate violence.
- Battery involves unwanted physical contact or bodily harm.
- Assault does not require injury.
- Battery does not always require serious injury.
- Both charges can become more serious when weapons, injuries, protected victims, or prior convictions are involved.
Understanding this difference matters because the legal defenses may change depending on the charge.
Penalties for Assault and Battery Convictions in Florida
The consequences of an assault and battery conviction extend beyond immediate jail time and fines.
Legal Penalties
- Jail or Prison Time – Sentences range from 60 days for simple assault to 15 years for aggravated battery.
- Fines – Can range from $500 for misdemeanors to $10,000 for felonies.
- Probation – Court-mandated supervision with conditions such as counseling or community service.
- Protective Orders – May restrict contact with the alleged victim, affecting housing and employment opportunities.
Collateral Consequences
- Employment Challenges – Background checks revealing a conviction can limit job opportunities.
- Firearm Restrictions – Felony convictions result in loss of gun ownership rights.
- Professional Licensing Issues – Those in licensed professions, such as healthcare or education, may face disciplinary action.
- Impact on Immigration Status – Non-citizens may face deportation or visa complications.
Avoiding these severe penalties requires aggressive defense from an experienced Orlando assault and battery defense lawyer.
What Steps Should You Take After an Arrest for Assault and Battery?
Protecting legal rights starts immediately after an arrest. Following these steps can help build a strong defense:
- Exercise the Right to Remain Silent – Avoid making statements to police without legal counsel.
- Refrain from Contacting the Alleged Victim – Any communication may be used as evidence against the accused.
- Gather Witness Information – Identifying individuals who can testify in support of the defense is critical.
- Document the Incident – Taking notes on what happened, including any injuries or evidence, can be valuable.
- Consult an Attorney Immediately – An Orlando assault and battery attorney will assess the case and determine the best course of action.
Early intervention by a skilled defense lawyer increases the likelihood of reduced charges or case dismissal.
How Can an Orlando Assault and Battery Defense Attorney Help?
An Orlando assault and battery defense attorney helps by reviewing the evidence, protecting your rights, communicating with prosecutors, and building a defense strategy based on the facts. A defense should address both the immediate criminal case and the long term consequences of a conviction.
The 6 steps in building an assault and battery defense are:
- Review the arrest report and charging documents.
- Identify witness statements, body camera footage, and surveillance video.
- Examine whether self defense, defense of others, or lack of intent applies.
- Challenge inconsistent statements, weak evidence, or improper police conduct.
- Negotiate for dismissal, reduction, diversion, or another favorable resolution when possible.
- Prepare for trial if the prosecution will not offer a fair outcome.
The Law Offices of Jose E. Lopez, P.A. works to protect clients from the moment they call for help.
Contact Our Orlando Assault and Battery Defense Attorney
If you were arrested for assault or battery in Orlando or Orange County, do not wait to get legal guidance. The sooner you speak with a defense attorney, the sooner your rights, evidence, and options can be protected.
Call the Law Offices of Jose E. Lopez, P.A. today to schedule a free case evaluation with an Orlando assault and battery defense attorney.
Call or reach out online today to schedule your free consultation.
FAQs
What is the difference between assault and battery in Florida?
Assault usually involves a threat that creates fear of imminent violence. Battery involves intentional unwanted touching, striking, or bodily harm. Physical contact is not required for assault, but it is required for battery.
Can assault or battery charges be reduced or dismissed?
Yes. Charges may be reduced or dismissed when evidence is weak, witnesses are inconsistent, self defense applies, intent is unclear, or constitutional rights were violated. The best strategy depends on the facts of the case.
Can I contact the alleged victim after an assault or battery arrest?
You should not contact the alleged victim if a no contact order is in place. Violating that order can create new legal problems, even if the alleged victim reaches out first. Speak with an attorney before taking any action.
Can self defense help an assault or battery case?
Yes. Self defense may apply when someone reasonably believed force was necessary to prevent imminent harm. Evidence such as injuries, witness statements, video footage, and prior threats may help support this defense.