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  • Writer's pictureLee Meadows

Assault and Battery

What constitutes as assault or battery?

A battery in Florida is defined as the physical, intentional touching or striking of another person against their will, or causing bodily harm to another person. Battery can be charged as a

misdemeanor or a felony, depending on the severity of the harm caused and the

circumstances of the incident. Assault is the non-physical threat of causing harm to someone else, with the apparent ability to do so.

Battery examples:

  • Physically punching, kicking, scratching, or striking another

  • Touching (subjective)

  • Spitting

  • Willingly causing harm to another person using tools or weapons, including animals (such as aggressive dogs).

Assault examples:

  • Threatening to physically harm someone, causing genuine fear.

  • Threatening to physically harm someone's family, causing genuine fear or concern.

What are Florida's consequences for battery?

In Florida, the consequences of a battery conviction can include jail time, fines,

community service, probation, and a criminal record that may affect employment,

housing, and other areas of life. A first-degree misdemeanor battery charge can result in

up to one year in jail and a fine of up to $1,000, while a third-degree felony battery

charge can result in up to five years in prison and a fine of up to $5,000.

In addition to criminal penalties, a victim of battery may also have the right to pursue a

civil lawsuit against the perpetrator to seek compensation for medical expenses, lost

wages, pain and suffering, and other damages resulting from the incident.

What is Florida's self defense law?

It is important to note that self-defense may be a defense to a battery charge in Florida

if the defendant reasonably believed that force was necessary to protect themselves or

another person from imminent harm. However, it is crucial to consult with a

knowledgeable attorney if you have been charged with battery or believe you may be

facing charges.

Disclaimer: The content of this page is NOT a substitution for legal advice.

Have You Been Charged with Assault or Battery? Talk with Tallahassee Attorney and Lawyer Lee Meadows! Call (850) 244-8873 or Email!


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