Why Choose Us?
An assault or battery accusation can put your freedom, reputation, employment, and relationships at risk. The Law Offices of Jose E. Lopez, P.A. provides personalized criminal defense for clients facing misdemeanor and felony assault and battery charges throughout Orlando and Orange County.
Clients choose our firm for:
- 18 years of criminal law experience
- Former Ninth Judicial Circuit public defender experience
- Thousands of criminal cases handled
- Direct attention from Attorney Jose E. Lopez
- Experience handling aggravated assault and aggravated battery cases
- Numerous 5 star client ratings
- Free consultations
- Spanish language assistance
An assault or battery charge in Florida can result in jail or prison, probation, fines, no-contact conditions, and a criminal record. Certain cases can also affect firearm rights, employment, professional licensing, housing, or immigration matters. Many charges begin with fast-moving arguments, fights, domestic disputes, road rage incidents, or conflicting accounts of what happened. The Law Offices of Jose E. Lopez, P.A. can examine the evidence, explain the charge, and build a defense strategy based on the specific circumstances of your case.
What Is the Difference Between Assault and Battery in Florida?
Assault and battery are separate crimes under Florida law. Assault generally involves an intentional threat that creates a well-founded fear of imminent violence. Battery involves intentionally touching or striking another person against that person’s will or intentionally causing bodily harm.
This means physical contact is not required for an assault charge. Likewise, a battery charge does not necessarily require a serious injury.
The circumstances can determine whether the offense is charged as a misdemeanor or felony.
What Is Assault Under Florida Law?
Assault occurs when a person intentionally and unlawfully threatens another person by word or act, appears able to carry out the threat, and causes the other person to reasonably fear that violence is about to occur.
Common assault allegations can arise from:
Simple Assault
Under Florida law, simple assault is an intentional and unlawful threat to harm another person combined with the apparent ability to carry out that threat. The alleged victim must also reasonably fear immediate violence.
Simple assault is usually charged as a second-degree misdemeanor. Common allegations include:
- Threatening gestures during arguments
- Verbal threats combined with aggressive conduct
- Road rage confrontations
- Escalating disputes in public places
Even without physical contact, prosecutors may still pursue charges if they believe the situation created a legitimate fear of violence.
Aggravated Assault
Aggravated assault is a more serious felony offense. Prosecutors may file this charge when someone allegedly commits assault:
- With a deadly weapon, or
- With the intent to commit another felony
Weapons do not have to be firearms. Bottles, knives, vehicles, or other objects may qualify depending on how they were allegedly used.
Aggravated assault charges can carry mandatory consequences that significantly increase the stakes of a case.
What Is Battery Under Florida Law?
Battery occurs when someone intentionally touches or strikes another person against that person’s will or intentionally causes bodily harm. Unlike assault, battery requires physical contact or bodily harm.
The contact does not have to result in a major injury. Depending on the circumstances, allegations involving a shove, slap, punch, unwanted touching, or other intentional physical contact may support a battery charge.
Simple Battery
Simple battery occurs when a person allegedly:
- Intentionally touches or strikes another person against their will, or
- Intentionally causes bodily harm
Florida battery law covers more conduct than many people realize. A shove, slap, thrown drink, or unwanted physical contact may lead to criminal charges. Simple battery is generally charged as a first-degree misdemeanor.
Felony Battery
Felony battery charges may apply when:
- The accused has a prior battery conviction, or
- The alleged victim suffered significant bodily harm, permanent disability, or disfigurement
These cases often involve disputes over the seriousness of injuries, prior criminal history, and witness credibility.
Aggravated Battery
Aggravated battery is typically charged when a person allegedly:
- Causes great bodily harm
- Uses a deadly weapon
- Batters a pregnant person while knowing or allegedly knowing about the pregnancy
Aggravated battery is a serious felony offense that can expose a defendant to lengthy prison sentences.
Battery on a Law Enforcement Officer
Florida law increases penalties when the alleged victim is a law enforcement officer, firefighter, EMT, correctional officer, or other protected official performing official duties.
These cases often involve disputes over:
- Whether the officer was lawfully performing duties
- The amount of force used
- Identification issues during chaotic arrests or crowd situations
Penalties for Assault and Battery Convictions in Florida
The penalties for assault and battery charges vary depending on the allegations, prior record, the degree of injury involved, and whether a weapon was used.
Below is a general comparison of common Florida assault and battery charges:
| Charge | Level | Potential Penalties |
| Simple Assault | Second-Degree Misdemeanor | Up to 60 days in jail and a $500 fine |
| Simple Battery | First-Degree Misdemeanor | Up to 1 year in jail and a $1,000 fine |
| Aggravated Assault | Third-Degree Felony | Up to 5 years in prison and a $5,000 fine |
| Felony Battery | Third-Degree Felony | Up to 5 years in prison and a $5,000 fine |
| Aggravated Battery | Second-Degree Felony | Up to 15 years in prison and a $10,000 fine |
| Battery on a Law Enforcement Officer | Third-Degree Felony | Up to 5 years in prison and a $5,000 fine |
Additional consequences may include:
- Probation
- Anger management classes
- No-contact orders
- Firearm restrictions
- Restitution
- Permanent criminal record
Common Defenses to Assault and Battery Charges
Every case depends on its facts. Witness statements, surveillance footage, injuries, text messages, and police reports can all affect the defense strategy.
Self-Defense and Stand Your Ground
Florida’s Stand Your Ground law may apply when a person reasonably believes force was necessary to prevent imminent harm.
Self-defense claims frequently arise in:
- Bar fights
- Domestic disputes
- Road rage incidents
- Physical altercations involving multiple people
These cases often require careful analysis of who initiated the confrontation and whether force was legally justified.
Defense of Others
Florida law may also allow someone to use force to protect another person from imminent harm. Witness testimony and video evidence often become central issues in these cases.
Lack of Intent
Accidental contact, misunderstandings, or reflexive actions may not meet the legal requirements for assault or battery convictions.
The prosecution still carries the burden of proving intent beyond a reasonable doubt.
False Accusations / Mistaken Identity
Some assault and battery allegations arise from:
- Heated breakups
- Custody disputes
- Mutual fights
- Misidentification
- Inconsistent witness accounts
Surveillance footage, phone records, and independent witnesses may help challenge the allegations.
Consent
In limited situations, consent may become relevant to the defense, particularly in cases involving sporting events, mutual fights, or disputed physical interactions.
What to Do After an Assault or Battery Arrest in Orlando
The hours and days after an arrest can affect the outcome of your case.
If you were arrested in Orlando:
- Do not discuss the case with police investigators without legal counsel
- Avoid contacting the alleged victim if a no-contact order exists
- Preserve text messages, videos, and social media evidence
- Comply with bond conditions
- Attend every required court appearance
Many Orange County cases begin at the Orange County Courthouse in downtown Orlando. During a first appearance hearing, a judge may:
- Review probable cause
- Set bond conditions
- Enter no-contact orders
- Address pretrial release restrictions
Orange County prosecutors may also evaluate certain eligible misdemeanor cases for diversion programs. Depending on the circumstances, some first-time offenders facing lower-level charges may qualify for alternatives that could help avoid a conviction after successful completion of program requirements.
Local procedures, judicial preferences, and prosecutorial practices can influence how these cases move through the court system.
Contact an Orlando Assault & Battery Lawyer Today
An assault or battery charge can escalate quickly if you wait too long to address it. Prosecutors may begin building their case immediately after an arrest, and early legal representation can make a difference.
The Law Offices of Jose E. Lopez, P.A. represents clients facing assault and battery charges throughout Orlando and Orange County. Contact our office today to discuss your legal options.
Frequently Asked Questions
What is the 33-day rule in Florida?
The “33-day rule” refers to Florida’s speedy-trial demand procedures or insurance-related deadlines, but it is not a standard rule that applies specifically to assault and battery charges. Criminal case timelines vary depending on the charge, court scheduling, and procedural issues.
Can You Be Charged With Assault Without Touching Someone in Florida?
Yes. Florida assault does not require physical contact. A person may be charged if an intentional and unlawful threat, combined with the apparent ability to carry it out, creates a well-founded fear that violence is imminent. Battery, by comparison, involves intentional unwanted physical contact or bodily harm.
Can an Assault or Battery Charge Be Dismissed in Florida?
Yes, dismissal may be possible in some cases, but it depends on the evidence and legal issues. Problems involving witness credibility, self-defense, insufficient evidence, mistaken identity, lack of intent, or other weaknesses may affect whether prosecutors can prove the charge.
Can Someone Drop Battery Charges After an Arrest?
An alleged victim can tell prosecutors that they do not want the case to continue, but the State Attorney generally makes the final decision about prosecution. Prosecutors may continue a case using other available evidence even if the alleged victim no longer wants to participate.