Assault / Battery

Daytona Beach Assault and Battery Lawyers

Helping Fight Assault and Battery Charges in Volusia County

An arrest for assault or battery is a severe matter. Anyone facing assault and battery charges stands to face a conviction that could seriously affect their reputation, personal life, and future. If you are found guilty of assault or battery, you could be sentenced to incarceration, hefty fines, victim restitution, probation or parole, community service, and more.

You can retain legal counsel for help fighting your charge and seeking a favorable outcome, such as dropped charges or reduced penalties. Get the legal counsel you need from our Daytona Beach assault and battery attorneys at Hager & Schwartz, P.A.

Speak with a skilled Daytona Beach assault and battery lawyer by calling (386) 693-1637 or submitting an online contact form today.

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

Although assault and battery are usually referred to together, they are two separate crimes. Florida law treats them as such.

Generally speaking, assault occurs when someone threatens to harm another person. For instance, gearing up to swing a bat at someone can be considered assault. Note that the actor does not have to make actual physical contact with the other individual to be accused of assault.

In contrast, battery involves actually striking or touching someone. For example, swinging the bat and hitting someone on their stomach is battery.

Essentially, a person can be charged with assault and not battery (if they did not complete the offensive action). But they likely cannot be charged with battery and not assault (the attempt to physically contact someone will almost always precede the actual touching).

What Is Considered Assault in Florida?

To put it plainly, assault involves threatening to harm someone else. Florida has a couple of different laws concerning assault: simple assault and aggravated assault.

Florida’s Simple Assault Law

Found in Florida Statutes § 784.011, simple assault is threatening to commit violence against someone and making them reasonably fear that harm is imminent. No physical contact is necessary to warrant a conviction – the mere threat alone is enough.

Florida’s Aggravated Assault Law

As its name implies, aggravated assault is an assault charge where aggravating factors are present. The most common aggravating factor is the use of a deadly weapon like a firearm, knife, or blunt instrument. However, aggravating assault does not include the intent to kill, only threaten. Another factor elevating assault to an aggravated offense is the intent to commit a felony.

Is Assault a Misdemeanor or a Felony in Florida?

In Florida, assault can be charged as either a misdemeanor or a felony. The level depends on the circumstances leading up to the accusation.

An offense involving only the threat of violence against another – simple assault – is a misdemeanor. If aggravating factors are present – aggravated assault – the crime is a felony.

What Are the Consequences of Assault in Florida?

The penalties levied in an assault case are linked to the offense.

  • Simple assault is a second-degree misdemeanor, punishable by:
    • Up to 60 days of incarceration and/or
    • Up to $500 in fines
  • Aggravated assault is a third-degree felony, punishable by:
    • Up to 5 years of imprisonment and/or
    • Up to $5,000 in fines

What Is Considered Battery in Florida?

Florida has three separate statutes enumerating battery-related offenses.

Florida’s Simple Battery Law

Under Florida Statutes § 784.03, battery occurs when a person intentionally strikes or touches another individual without their permission. Charges can also be levied when a person intentionally hurts someone else.

Florida’s Felony Battery and Domestic Battery by Strangulation Law

A person commits an offense under Florida Statutes § 784.041 if they intentionally make physical contact with someone else and cause great bodily injury or permanent disfigurement or disability. Such conduct is referred to as felony battery.

Domestic battery by strangulation is an offense the alleged offender commits against their household or family member. It involves choking, suffocating, or strangling the victim in a way that could cause great bodily harm.

Florida’s Aggravated Battery Law

According to Florida Statues § 784.045, aggravated battery occurs when someone makes some type of physical contact with the alleged victim and either causes great bodily harm or uses a deadly weapon.

Is Battery a Misdemeanor or a Felony in Florida?

Like assault, battery can be either a misdemeanor or a felony. Generally, simple battery is a misdemeanor. However, it can be elevated to a felony if the alleged offender has been previously convicted for a battery offense.

Felony battery, domestic battery by strangulation, and aggravated battery are all felonies.

What Is the Sentence for Battery in Florida?

The length of incarceration and the amount of fine a court can impose upon a battery conviction depends on the nature of the offense and the defendant’s criminal history.

  • A first simple battery offense is a first-degree misdemeanor, penalized by:
    • Up to 1 year of incarceration and/or
    • Up to $1,000 in fines
  • A second or subsequent simple battery offense is a third-degree felony, penalized by:
    • Up to 5 years of imprisonment and/or
    • Up to $5,000 in fines
  • Felony battery and domestic battery by strangulation are third-degree felonies, penalized by:
    • Up to 5 years of imprisonment and/or
    • Up to $5,000 in fines
  • Aggravated battery is a second-degree felony, penalized by:
    • Up to 15 years of imprisonment and/or
    • Up to $10,000 in fines

At Hager & Schwartz, P.A., our Daytona Beach assault and battery lawyers are here to fight aggressively for you.

Begin Building Your Assault and Battery Defense Today

When faced with an assault or battery accusation, it is best to find an attorney you can trust to fiercely defend against your charges and seek to resolve your case favorably. At Hager & Schwartz, P.A., you can depend on our Daytona Beach assault and battery attorneys to use our experience in and knowledge of the Florida criminal system to build a strong defense on your behalf.

To learn more about our services, please feel free to contact us at (386) 693-1637 today to speak with our Daytona Beach assault and battery lawyers.

A Firm With A Winning Record

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  • I thoroughly recommend Brett Schwartz as a defense attorney.

    “I thoroughly recommend Brett Schwartz as a defense attorney. He worked tirelessly and relentlessly to get my case dropped even before it went to trial. He succeeded, although the odds were heavily stacked against us.”

  • Should you ever need a defense attorney, he is the person to contact.

    “I was referred to Brett Schwartz by a friend facing very serious charges. He was very understanding and also very honest, walked us through the process of what could happen from beginning to end best case scenario and of course worst case scenario.”

  • If you need help go see Brett!

    “We worked with Brett on a domestic violence charge. He was the third lawyer we went to and we FINALLY got the result we desired. His knowledge of the law, the system and straightforwardness are beyond impressive.”

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