What is the difference between assault and battery in Florida?

In Florida, assault is the threat of violence - an intentional, unlawful threat to do violence to another person, combined with the apparent ability to carry out the threat, which creates a well-founded fear in the victim. Battery is the actual unwanted touching - intentionally touching or striking another person against their will, or intentionally causing bodily harm. You can be charged with assault without ever touching anyone.

What are the penalties for simple assault in Florida?

Simple assault is a second-degree misdemeanor in Florida, punishable by up to 60 days in jail, 6 months probation, and a $500 fine. However, if the assault is against certain protected persons (law enforcement, elderly, school employees), it can be elevated to a first-degree misdemeanor or felony with significantly harsher penalties.

What makes an assault 'aggravated' in Florida?

An assault becomes aggravated assault (a third-degree felony) when it is made with a deadly weapon without intent to kill, or with an intent to commit a felony. Aggravated assault carries up to 5 years in prison and is often subject to Florida's 10-20-Life mandatory minimum sentencing if a firearm is involved.

Can assault charges be dropped if the victim doesn't want to prosecute?

In Florida, the State Attorney's Office decides whether to prosecute, not the victim. Even if the alleged victim wants to drop charges, prosecutors can proceed if they believe they have sufficient evidence. However, a victim's reluctance to cooperate can significantly impact the strength of the State's case, and an experienced defense attorney can use this to negotiate dismissal or reduction of charges.

What happens when you're arrested for domestic violence in Florida?

Under Florida Statute 741.2901, domestic violence arrests trigger a mandatory 'no bond' hold until First Appearance. You will not be released until you see a judge, which can take 24+ hours. Upon release, you will likely face a no-contact order prohibiting any contact with the alleged victim, which may prevent you from returning to your own home.

Can a domestic violence conviction be sealed or expunged in Florida?

No. Unlike most other misdemeanor convictions, domestic violence convictions cannot be sealed or expunged under Florida law. A DV conviction stays on your record permanently. Additionally, under federal law (the Lautenberg Amendment), a DV conviction prohibits you from ever possessing a firearm again.

Assault, Battery & Domestic Violence Defense | Orlando Criminal Lawyer

Understanding Assault and Battery Charges in Florida

If you've been arrested for assault or battery in Florida, you're facing serious criminal charges that can impact your freedom, your career, and your future. Many people are surprised to learn that in Florida, assault and battery are two separate offenses - and you can be charged with assault without ever touching anyone.

Assault is the threat of violence. Under Florida Statute 784.011, assault is an intentional, unlawful threat by word or act to do violence to another person, combined with the apparent ability to carry out the threat, which creates a well-founded fear in the victim that violence is imminent.

Battery is the actual unwanted touching. Under Florida Statute 784.03, battery occurs when a person actually and intentionally touches or strikes another person against their will, or intentionally causes bodily harm to another person.

These charges often arise from misunderstandings, mutual combat situations, or self-defense scenarios where the wrong person gets arrested. As a former law enforcement officer, Jeff Lotter understands how these situations unfold - and how to challenge the State's version of events.

Types of Assault and Battery Charges

Simple Assault (F.S. 784.011)

Second-Degree Misdemeanor - Up to 60 days jail, 6 months probation, $500 fine

A threat of violence that creates fear in the victim. No physical contact required. Common scenarios include verbal threats during arguments, raising a fist, or brandishing an object in a threatening manner.

Simple Battery (F.S. 784.03)

First-Degree Misdemeanor - Up to 1 year jail, 1 year probation, $1,000 fine

Any intentional touching or striking against another's will. This can include pushing, shoving, grabbing, or spitting on someone. Injury is not required - the unwanted contact alone is enough.

Aggravated Assault (F.S. 784.021)

Third-Degree Felony - Up to 5 years prison, 5 years probation, $5,000 fine

Assault with a deadly weapon (without intent to kill) OR assault with intent to commit a felony. A "deadly weapon" can include knives, firearms, vehicles, or any object used in a manner likely to cause death or great bodily harm. If a firearm is used, Florida's 10-20-Life law may apply with mandatory minimum sentences.

Aggravated Battery (F.S. 784.045)

Second-Degree Felony - Up to 15 years prison, 15 years probation, $10,000 fine

Battery that causes great bodily harm, permanent disability, or permanent disfigurement. Also applies when a deadly weapon is used, or when the victim is pregnant (and the defendant knew or should have known). This is a serious felony that can result in significant prison time.

Domestic Violence Battery (F.S. 741.28)

First-Degree Misdemeanor (minimum) - Enhanced penalties, mandatory BIP, no sealing/expungement

Any battery against a family or household member. Carries special consequences including mandatory minimum 5 days jail for second offense, required Batterer's Intervention Program (BIP), firearm prohibition, and cannot be sealed or expunged. See full Domestic Violence section below →

Enhanced Penalties for Protected Victims

Florida law provides enhanced penalties when assault or battery is committed against certain protected classes of victims. What would normally be a misdemeanor can become a felony:

Law Enforcement Officers

Battery on a law enforcement officer is a third-degree felony (up to 5 years). Applies to police, corrections officers, firefighters, EMTs, and other first responders.

Elderly Persons (65+)

Battery on a person 65 or older is a third-degree felony. Aggravated battery on an elderly person can be a first-degree felony (up to 30 years).

School Employees

Battery on a school employee is a third-degree felony when related to their school duties.

Sports Officials

Battery on a sports official during or after a sporting event is a first-degree misdemeanor with a mandatory $500 fine.

Understanding Domestic Violence Charges in Florida

In Florida, "domestic violence" is defined as any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another.

Who Qualifies as "Family or Household Member"?

Spouses and former spouses
Persons related by blood or marriage
Persons currently residing together as if a family
Persons who have resided together in the past as if a family
Persons who are parents of a child in common (regardless of marriage or cohabitation)

Except for those with a child in common, individuals must currently or have previously resided in the same dwelling unit.

The DV Arrest Process: What to Expect

Immediate "No Bond" Hold

Under F.S. 741.2901, domestic violence arrests trigger a mandatory no-bond hold until First Appearance. You will not be released until you see a judge, which can take 24+ hours.

No-Contact Orders

Upon release, you will likely face a no-contact order prohibiting any contact with the alleged victim. This may mean you cannot return to your own home, even to get clothes or belongings. Violating this order is a separate crime.

Pro-Prosecution Stance

Florida has a "pro-prosecution" approach to DV cases. The State Attorney's office will prosecute even if the alleged victim doesn't want to press charges. The victim does not control whether charges are filed or dropped.

Unique Consequences of DV Convictions

Cannot Be Sealed or Expunged

Unlike other misdemeanors, a DV conviction cannot be sealed or expunged - it stays on your record permanently.

Mandatory BIP Program

Convictions require completion of a 29-week Batterer's Intervention Program (BIP), costing $1,500+.

Federal Firearm Ban

Under federal law (Lautenberg Amendment), a DV conviction means you can never possess a firearm again.

Enhanced Penalties for Repeat Offenses

Second DV offense carries mandatory minimum 10 days jail. Third offense becomes a third-degree felony.

Injunctions for Protection (Restraining Orders)

Separately from criminal charges, an alleged victim can file for a civil injunction (restraining order). These can be issued immediately on an emergency basis (ex parte), lasting up to 15 days until a full hearing.

A Final Injunction Can Include:

Complete prohibition on contact
Exclusive use of the shared dwelling
Temporary parenting plan and child support
Mandatory attendance at batterer's intervention
Surrender of all firearms

Violating an injunction is a first-degree misdemeanor and can result in immediate arrest.

Defense Strategies for Assault and Battery

Being arrested doesn't mean you're guilty. There are powerful defenses available that can result in dismissal, acquittal, or reduction of charges.

Self-Defense / Stand Your Ground

Florida's Stand Your Ground law (F.S. 776.012) provides that you have no duty to retreat if you reasonably believe force is necessary to prevent imminent death, great bodily harm, or the commission of a forcible felony. If you were defending yourself, this can be a complete defense resulting in immunity from prosecution. We file Stand Your Ground motions and argue for case dismissal before trial.

Defense of Others / Defense of Property

You have the right to use reasonable force to protect others from harm, or to protect your home and property under Florida's Castle Doctrine. If you were protecting your family, your home, or another person from an aggressor, this may provide a complete defense.

Lack of Intent / Accident

Both assault and battery require intent. If the contact was accidental - bumping into someone in a crowd, an involuntary reaction, or a misunderstanding - there's no crime. We examine the circumstances to show the State cannot prove the required mental element.

Consent / Mutual Combat

If both parties agreed to fight (mutual combat), consent can be a defense to battery. However, this defense has limits - you cannot consent to serious bodily harm. We analyze whether both parties were willing participants.

Challenging Witness Credibility

Many assault/battery cases come down to "he said, she said." We investigate witness credibility, look for inconsistencies in statements, review body camera footage, and expose motives to lie (custody disputes, revenge, etc.). A lying complainant can mean a dismissed case.

Constitutional Violations

If police violated your constitutional rights - illegal search, coerced confession, failure to read Miranda rights when required - we file motions to suppress evidence. Without key evidence, the State may be forced to dismiss.

Why Choose Lotter Law for Assault & Battery Defense?

Jeff Lotter spent 18 years in law enforcement, including time as a Florida State Trooper and Orange County Deputy Sheriff. He has investigated violent crime scenes, made arrests for assault and battery, and testified in court as a law enforcement officer. Now, he uses that experience to defend you.

Law Enforcement Insight

Understanding police procedures means knowing where they make mistakes - and how to exploit those errors for your defense.

Video Evidence Analysis

We use professional video editing software to analyze body camera footage frame-by-frame, finding details that contradict officer reports.

Aggressive Advocacy

We fight for dismissals, reductions, and acquittals. We don't just accept what the State offers - we challenge their case at every stage.

Facing Assault or Battery Charges?

Don't wait. The sooner you contact a defense attorney, the better your chances of a favorable outcome.

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Assault, Battery & Domestic Violence Defense