Assault and/or Battery

Assault (Florida Statute 784.011) is a 2nd degree Misdemeanor punishable by up to 60 days in the County Jail. Contrary to popular belief, Assault involves a threat to do violence to the person of another as opposed to Battery which is the actually doing harm to the body of another. In order to prove assault, the State must prove there is a threat to do violence, there is an apparent ability to do so, and that such violence is imminent. Aggravated Assault (Florida Statute 784.021) is more serious in that it is an Assault with a deadly weapon and it is a 3rd degree Felony punishable by up to 5 years in prison.

Battery (Florida Statute 784.03) is a 1st Degree Misdemeanor. It involves the actual and intentional touching or striking of another person against his or her will. Contrary to popular belief, the following types of incidents constitute a Battery: Spitting on another, pushing another, grabbing another, bumping into another, throwing something at another (even say dirt or a plastic cup) and pulling another's hair, etc. etc. If the Battery causes great bodily harm, permanent disability or permanent disfigurement, then one will be charged with Felony Battery which is a 3rd Degree Felony. If one commits a Felony Battery with a Deadly Weapon, then he or she will be charged with Aggravated Battery which is a 2nd Degree Felony.

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