DAYTONA BEACH ASSAULT AND BATTERY LAWYERS

Helping Fight Assault and Battery Charges in Volusia County

Being accused of assault or battery in Daytona Beach can feel overwhelming—especially when you’re unsure what the charges actually mean or how serious the consequences may be. Under Florida law, assault and battery are governed by Florida Statutes §§ 784.011, 784.03, 784.021, and 784.045, and even allegations that start as misdemeanors can quickly escalate into felony charges with life-altering consequences. If you are facing accusations of threats, unwanted contact, or violence, speaking with an experienced assault and battery lawyer in Daytona Beach as early as possible can make a critical difference in the outcome of your case.

At Hager & Schwartz, P.A., we understand that these cases are rarely straightforward. Emotions run high, stories conflict, and a single moment can lead to arrest, jail time, and a permanent criminal record. As former prosecutors, our Daytona Beach violent crimes lawyers approach each case with a unique advantage—one that allows us to anticipate how the State builds assault and battery cases in Volusia County and identify weaknesses in the evidence, witness statements, and police procedures. We take the time to explain the charges you’re facing, what’s truly at stake, and how a tailored defense strategy can protect your freedom, reputation, and future.

An arrest for assault or battery can lead to immediate consequences, including no-contact orders, bond conditions, and aggressive prosecution. You don't have to go through this process alone. Hiring an attorney is crucial at this time.

Contact us to speak with a Daytona Beach assault and battery lawyer and get clear answers about your rights and options before the situation escalates.

Understanding Assault and Battery Charges in Florida

In Florida, assault and battery are classified as violent crimes because they involve actual or threatened physical harm to another person, or conduct that creates a real possibility of harm. Importantly, you do not have to seriously injure someone to face these charges. In many cases, an allegation that a threat was made, a gesture was misinterpreted, or brief physical contact occurred is enough to trigger an arrest and prosecution.

Florida law separates these offenses into distinct categories, each defined by statute and each carrying different levels of exposure. Assault focuses on the threat of violence—an intentional act that creates a well-founded fear that harm is about to occur—while battery involves actual physical contact, such as striking or touching another person against their will. The seriousness of the charge increases based on factors like the presence of a weapon, the extent of any injury, or whether the allegation involves a domestic relationship.

The statutory framework governing these cases includes:

• Assault – Florida Statute § 784.011
• Battery – Florida Statute § 784.03
• Aggravated Assault – Florida Statute § 784.021
• Felony Battery – Florida Statute § 784.041
• Aggravated Battery – Florida Statute § 784.045

While some of these offenses are charged as misdemeanors, it is a mistake to assume they are “minor.” A simple argument can escalate into an aggravated charge if a weapon is alleged, if injuries are claimed, or if law enforcement believes the situation poses an ongoing risk. In Volusia County, prosecutors often move quickly to file enhanced charges, seek restrictive bond conditions, or pursue no-contact orders—sometimes before all the facts are fully explored.

Because the line between a misdemeanor and a felony can be thin, early legal intervention matters. Understanding how Florida defines assault and battery—and how quickly these allegations can escalate—puts you in a stronger position to protect yourself and begin building an effective defense from the start.

What’s the Difference Between Assault and Battery in Florida?

One of the most common points of confusion we see is the assault vs. battery difference in Florida. While the terms are often used together in everyday conversation, Florida law treats them as two distinct offenses—one based on a threat and the other based on physical contact.

Assault involves an intentional and unlawful threat, made by words or actions, to do violence to another person when the threat creates a real and immediate fear that harm is about to occur. Importantly, no physical contact is required. For example, raising a fist and verbally threatening to strike someone during an argument—if that person reasonably believes they are about to be hit—may be enough to support an assault charge.

Battery, on the other hand, requires actual physical contact. Under Florida law, battery occurs when a person intentionally touches or strikes another individual against their will, or causes physical harm. This does not have to involve serious injury. A shove, a slap, or even unwanted physical contact during a heated exchange can lead to battery charges if it is deemed intentional and unlawful.

In plain terms, assault is about creating fear of imminent violence, while battery is about crossing the line into physical contact. Understanding this distinction matters because it affects how a case is charged, the potential penalties involved, and the defense strategy that may apply. In many situations, what begins as an alleged assault can quickly turn into a battery charge based on how an encounter unfolds—or how it is described by witnesses or law enforcement.

What Is Considered Assault in Florida?

Florida law defines assault as conduct that places another person in reasonable fear of imminent violence. While no physical contact is required, assault charges are taken seriously—especially when prosecutors believe the situation could have escalated into actual harm. The distinction between simple and aggravated assault often depends on the presence of a weapon or the intent behind the alleged threat.

Simple Assault

Under Florida Statute § 784.011, simple assault is defined as an intentional and unlawful threat—by word or act—to do violence to another person, coupled with the apparent ability to carry out that threat, and an act that creates a well-founded fear that violence is about to occur. In other words, the law focuses on how the accused person’s actions made the other individual feel in that moment.

Common scenarios leading to simple assault charges include heated verbal arguments, road rage incidents, confrontations at bars or public events, or domestic disputes where one person claims they feared immediate harm. Even without touching or injury, statements or gestures made during an emotional situation can be enough for law enforcement to make an arrest.

Simple assault is typically charged as a second-degree misdemeanor in Florida. However, the consequences can still be serious. Simple assault penalties in Florida may include jail time, probation, fines, court costs, and a permanent criminal record. For many people, the collateral consequences—such as employment issues, housing concerns, or strained personal relationships—are just as impactful as the legal penalties themselves.

Aggravated Assault

Aggravated assault, governed by Florida Statute § 784.021, is a more serious offense and is charged when certain aggravating factors are present. This includes an assault committed with a deadly weapon—such as a firearm, knife, or any object capable of causing serious harm—or an assault carried out with the intent to commit a felony, even if that felony is never completed.

Unlike simple assault, aggravated assault is a third-degree felony and is considered a violent crime under Florida law. A conviction can expose someone to significant prison time, extended probation, substantial fines, and long-term consequences involving firearm rights and background checks. In Volusia County, prosecutors often pursue aggravated assault charges aggressively, particularly when weapons or alleged threats of serious harm are involved.

Because the line between simple and aggravated assault can hinge on how an incident is interpreted or reported, having experienced legal guidance early on is critical. A strategic defense can mean the difference between a misdemeanor charge and life-altering felony exposure.

What Is Considered Battery in Florida?

While assault focuses on threats or fear of imminent harm, battery charges in Florida are based on physical contact or injury. Florida law takes even brief or seemingly minor contact seriously, especially when allegations involve injury, a domestic relationship, or a weapon. Understanding how battery is defined—and how quickly charges can escalate—is critical to protecting yourself after an arrest.

Simple Battery

Under Florida Statute § 784.03, simple battery occurs when a person actually and intentionally touches or strikes another person against their will, or intentionally causes bodily harm. The law does not require severe injury. A shove during an argument, a slap, or any unwanted physical contact can form the basis of a battery charge if it is intentional.

Simple battery often arises from arguments between acquaintances, bar or nightclub incidents, disputes between neighbors, or emotionally charged situations involving family members. Even when no visible injuries exist, an arrest can still occur based solely on statements from the alleged victim or witnesses.

Simple battery is typically charged as a first-degree misdemeanor, but the consequences can still be significant, especially if the accused has a prior record or the incident involves a protected relationship, such as a spouse or family member.

Felony Battery and Domestic Battery by Strangulation

Battery becomes far more serious when it results in great bodily harm, permanent disfigurement, or permanent disability. Under Florida Statute § 784.041, felony battery may be charged when the alleged injuries are severe or lasting, even if a weapon was not used.

This statute also covers domestic battery by strangulation, which involves impeding normal breathing or blood circulation by applying pressure to the throat or neck or by blocking the nose or mouth. These cases carry heightened scrutiny due to the significant risk of serious injury or death.

Domestic battery allegations trigger additional consequences beyond criminal penalties, including:

• Mandatory arrest policies for law enforcement
• Immediate no-contact orders, often issued before a full hearing
• Restrictions on returning home or contacting family members

These cases move quickly through the system, and early missteps can have lasting effects on the criminal case and family dynamics.

Aggravated Battery

Aggravated battery, defined under Florida Statute § 784.045, is one of the most serious battery offenses in Florida. It applies when a person intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement, or uses a deadly weapon during the commission of a battery.

Aggravated battery is charged as a violent felony, carrying severe penalties and long-term consequences. Prosecutors in Volusia County aggressively pursue these cases, particularly when weapons, serious injuries, or vulnerable alleged victims are involved.

Penalties for Assault and Battery in Florida

The penalties for assault and battery depend on how the charge is classified and whether aggravating factors are alleged. What may begin as a misdemeanor can quickly escalate into felony exposure with far-reaching consequences.

Common penalty ranges include:

Simple Assault (Second-Degree Misdemeanor):

• Up to 60 days in jail
• Probation
• Fines and court costs

Simple Battery (First-Degree Misdemeanor):

• Up to 1 year in jail
• Probation
• Fines

Aggravated Assault (Third-Degree Felony):

• Up to 5 years in prison
• Lengthy probation
• Substantial fines

Aggravated Battery (Second-Degree Felony):

• Up to 15 years in prison
• Extended probation
• Significant fines

In addition to jail or prison time, convictions can result in injunctions for protection, no-contact orders, loss of firearm ownership, and a permanent criminal record. These collateral consequences often affect employment, housing, professional licenses, and family relationships long after a case is resolved.

Because the stakes are high and the margin for error is small, defending assault and battery charges requires a careful, strategic approach tailored to the facts of the case and the practices of Volusia County courts.

How We Defend Assault and Battery Charges in Volusia County

Defending against assault and battery charges requires far more than a one-size-fits-all approach. In Volusia County, prosecutors and judges closely scrutinize the facts of each case, the credibility of witnesses, and the actions taken by law enforcement in the moments leading up to an arrest. 

At Hager & Schwartz, P.A., we build custom defense strategies based on the specific circumstances of the allegation, the applicable Florida statutes, and how these cases are actually handled in local courts.

As former prosecutors, we understand how the State evaluates assault and battery cases—and where those cases are most vulnerable. 

Depending on the facts, common defense strategies may include:

• Lack of intent: Many assault and battery charges hinge on whether the accused acted intentionally. In emotionally charged situations, accidental contact, misunderstood gestures, or impulsive words can be wrongly framed as criminal intent. Challenging intent is often critical in Volusia County cases built primarily on subjective interpretations.
• Self-defense and stand your ground: Florida law allows individuals to use reasonable force to protect themselves from imminent harm. When applicable, asserting self-defense—or invoking Florida’s Stand Your Ground protections—can lead to reduced charges or dismissal, particularly when evidence shows the accused was responding to a real threat.
• Mutual combat: In some cases, both parties voluntarily engaged in a physical confrontation. Demonstrating mutual participation can undermine the prosecution’s narrative that one party was solely the aggressor, which can significantly affect charging decisions and outcomes in local courts.
• False allegations: Assault and battery accusations sometimes arise from personal disputes, domestic conflicts, or attempts to gain leverage in family or civil matters. Carefully examining inconsistencies in statements, motives to fabricate, and the absence of corroborating evidence is especially important in Volusia County prosecutions.
• Misidentification: In chaotic or crowded situations—such as bar incidents or public events—witnesses may mistakenly identify the wrong person. Surveillance footage, witness timelines, and physical evidence often play a key role in challenging identification.
• No bodily injury: While injury is not always required for these charges, the absence of medical evidence or visible harm can weaken the State’s case and support arguments for reduced charges or dismissal.
• Constitutional violations: Illegal detentions, unlawful arrests, improper searches, or violations of Miranda rights can all impact the admissibility of evidence. In Volusia County courts, successfully challenging constitutional violations can result in suppressed evidence or case dismissal.

Local knowledge matters. Prosecutors in Volusia County often move quickly, relying heavily on initial police reports and early statements. By intervening early, we work to control the narrative, preserve favorable evidence, and present a clear defense before assumptions harden into formal charges. Our goal is to protect your rights, minimize exposure, and pursue a favorable outcome under Florida law.

What to Expect After an Assault Arrest in Daytona Beach

An arrest for assault or battery in Daytona Beach can happen quickly and often without warning. Understanding what comes next can help ease some of the uncertainty and allow you to make informed decisions at a critical moment.

Most cases begin with an investigation by the Daytona Beach Police Department or another local law enforcement agency. Officers may respond to a 911 call, a reported disturbance, or an alleged domestic incident and make an arrest based on statements, observed conduct, or perceived threats—sometimes without speaking to all involved parties. Once an arrest is made, the process moves forward regardless of whether charges have been formally filed.

After arrest, you will be taken through booking, which includes fingerprinting, photographs, and entry into the Volusia County jail system. A bond hearing typically follows, where a judge determines whether bond will be set and under what conditions. In assault and battery cases, judges may impose restrictions such as travel limitations, supervision requirements, or additional conditions intended to prevent further contact with the alleged victim.

In many cases—particularly those involving domestic allegations—the court may issue no-contact orders immediately. These orders can prohibit communication with the alleged victim and may even bar you from returning to your home. Violating a no-contact order can result in new criminal charges, making compliance essential even if the allegations are false or exaggerated.

Meanwhile, the State Attorney’s Office reviews the police reports and evidence to decide whether to formally file charges and what level of offense to pursue. Prosecutors in Volusia County often rely heavily on initial law enforcement narratives when making these decisions, which is why early advocacy can be so impactful.

This is where early legal intervention matters most. Speaking with a defense attorney as soon as possible allows for proactive communication with prosecutors, preservation of evidence, and strategic guidance on what to say—or not say—moving forward. The steps taken in the first days after an arrest often shape the trajectory of the entire case, making timely legal support a critical safeguard for your rights and future.

How Assault and Battery Cases Are Handled in Volusia County Courts

Assault and battery cases in Volusia County follow a structured legal process, but the way those cases are charged, negotiated, and resolved often depends on local practices and prosecutorial priorities. Understanding how these cases are typically handled—and having a defense team familiar with the local courts—can make a meaningful difference in the outcome.

After an arrest, cases are reviewed by Volusia County prosecutors, who rely heavily on initial police reports, witness statements, and any available evidence when deciding whether to formally file charges. Early decisions by the State Attorney’s Office can influence everything that follows, including the level of the charge, bond conditions, and whether enhanced penalties are sought. In assault and battery cases, prosecutors may move quickly, particularly when allegations involve weapons, injuries, or domestic relationships.

Depending on the circumstances, some individuals may be eligible for pretrial diversion or alternative resolution programs. These options are typically reserved for first-time offenders or lower-level charges and may allow a case to be resolved without a conviction if all program requirements are met. However, eligibility is not automatic, and presenting a strong case for diversion often requires proactive advocacy and familiarity with how Volusia County evaluates these requests.

Typical outcomes in assault and battery cases vary widely. Some cases are dismissed due to insufficient evidence or legal deficiencies, while others result in reduced charges, negotiated plea agreements, or probationary sentences. More serious allegations may proceed to trial, where the quality of the defense and knowledge of local courtroom dynamics become especially important.

This is where local courtroom experience matters. Each judge and prosecutor in Volusia County has distinct tendencies, expectations, and approaches to these cases. An attorney who regularly practices in these courts understands how cases are evaluated, what arguments resonate, and how to position a defense effectively at every stage. That insight allows for strategic decision-making focused on protecting your rights and pursuing a just resolution under the circumstances.

Why Choose Us for Assault and Battery Defense?

When you are facing assault or battery charges, the attorney you choose can shape the entire course of your case. At Hager & Schwartz, P.A., we bring a depth of insight and courtroom experience that few firms can match. As former prosecutors in Miami-Dade and Broward Counties, we understand how the State evaluates evidence, decides which charges to file, and prepares cases for trial. That insider knowledge allows us to anticipate the prosecution’s strategy and respond with precision.

Our firm has decades of combined criminal defense experience and has handled hundreds of assault and battery cases across Florida. We know that no two cases—and no two clients—are the same. That is why we take a personalized approach to every defense, carefully examining the facts, identifying legal and evidentiary weaknesses, and tailoring strategies to the realities of Volusia County courts.

We are trial-ready defense attorneys. While many cases can be resolved through negotiation or dismissal, we prepare every assault and battery case as if it will go to trial. This approach strengthens our negotiating position and prepares us to aggressively defend your rights in the courtroom if necessary.

Just as importantly, we understand the stress and uncertainty that come with criminal charges. We are available 24/7 to answer questions and provide guidance when you need it most. We offer a free, confidential consultation so you can understand your options and take immediate next steps without additional pressure.

If you are facing assault or battery allegations in Daytona Beach or Volusia County, time matters. Speaking with an experienced defense attorney early can protect your rights and your future. Contact us to speak with a former prosecutor who is ready to defend you.

Frequently Asked Questions About Assault and Battery Charges

Can You Go to Jail For a Simple Assault in Florida?

Yes. Simple assault is classified as a second-degree misdemeanor in Florida and can carry penalties of up to 60 days in jail, along with probation, fines, and court costs. While some cases resolve without incarceration, jail time is legally possible.

Is Aggravated Battery Considered a Violent Felony in Florida?

Yes. Aggravated battery is considered a violent felony under Florida law. A conviction can result in significant prison time, extended probation, and long-term consequences affecting firearm rights, employment, and background checks.

Can Assault Charges Be Dropped in Volusia County?

Possibly. Whether charges are dropped depends on the facts of the case, the available evidence, witness credibility, and legal defenses. In some situations, cases are dismissed due to lack of evidence, inconsistencies in statements, or constitutional issues. Early legal intervention can increase the likelihood of a favorable outcome.

What Is the Sentence for Aggravated Assault in Florida?

Aggravated assault is a third-degree felony in Florida. A conviction may result in up to 5 years in prison, up to $5,000 in fines, and a period of probation, along with other collateral consequences.

Can Self-Defense Be Used in an Assault Case?

Yes. Self-defense can be raised as a defense in an assault case. Florida law allows a person to use or threaten force when reasonably necessary to defend against the imminent and unlawful use of force by another individual, as outlined in Florida Statute § 776.012.

What’s the Difference Between Assault and Domestic Violence Battery?

The key difference is the conduct involved. Assault involves a threat that creates a fear of imminent harm, without physical contact. Domestic violence battery involves actual physical touching or striking against a family or household member and often carries additional legal consequences, such as mandatory arrest and no-contact orders.