Assault & Battery Offenses

Assault and Battery offenses are crimes that involve the unwanted or offensive contact between persons or the imminent threat thereof.

In Florida, the legislature has made a distinction between assault and battery.

Battery is generally defined as a harmful or offensive touching. For example, one may commit a battery by actually striking, slapping, pushing, punching or kicking another person. The battery occurs where an actual unwanted physical contact occurs.

An assault may occur in the absence of physical contact. An assault has taken place where an aggressor causes his intended victim to suffer imminent or immediate fear or apprehension of unwanted contact.

The primary difference between these two charges is that an assault refers to the threat of violence while battery is the actual use of physical force, however slight.
An assault or battery offense may be aggravated by the use of a weapon.

Furthermore, one can be charged with a felony battery or aggravated battery if the accused knew or should have known they were causing great bodily harm, permanent disfigurement, or knew the accuser was pregnant.

The most severe form of assault or battery involves incidents which also happen to be sexual in nature. This is often referred to as sexual battery. Sexual battery accusations are viewed as one of the most serious crimes a person can be accused of. Therefore, if you, or someone you know, is charged with Assault or Battery, it is extremely important to get the help from experienced attorneys such as Anthony Bruno & Peter Schoenthal.