The Difference Between Assault and Battery in New Port Richey

Defendants in Florida may not be aware that assault and battery are two different crimes. When approaching your legal defense, the first step is to become aware of the specific charge you’re facing. From there, you can create effective defense strategies that target the elements of your alleged crimes. To learn more about the next steps in this process, contact a defense attorney in New Port Richey.

Assaults Are Actually “Threats” in Florida 

Florida defines “assault” as a threat. If you threaten someone with violence and they become scared as a result, you could be charged with this crime. In order to face a conviction, you must have an “apparent ability” to carry out this threat. The alleged victim must fear that the violence is “imminent.”

For example, you might threaten to fire a nuclear missile at someone’s house. However, civilians do not own nuclear warheads. As a result, you would lack the “apparent ability” to carry out this threat – and you could not be convicted.

A threat may also not lead to prosecution if there is no danger of imminent harm. For example, you might vow to get revenge against someone for insulting you. However, you may not elaborate on this vow and whether it will involve unlawful activities. You might also fail to specify when your revenge will take place.

Finally, assault in Florida must involve intent. Joking threats are likely lawful, and you cannot face consequences for accidentally threatening someone or making them afraid.

Battery Involves Physical Harm 

In contrast, battery involves real physical harm. This crime goes beyond a threat, and the aggressor actually carries out the attack by coming into contact with the victim. In order to face conviction under this statute, you must intentionally touch or strike another person. Note that the word “strike” may refer to thrown objects. However, you will only face criminal consequences if you cause “bodily harm” to the alleged victim.

Battery Is More Serious Than Assault

 Assault is a lesser crime compared to battery. Usually, battery is a second-degree misdemeanor in Florida with a maximum penalty of two months in jail. In contrast, battery is a first-degree misdemeanor with a penalty of up to one year in jail. Battery may also become a third-degree felony if the defendant has a prior battery conviction on their record. A third-degree felony carries a maximum prison sentence of five years.

Can a Defense Attorney in New Port Richey Help With Battery Charges? 

Whether you face charges of battery, assault, or a combination of the two, a defense attorney in New Port Richey can help. Various defense strategies could be effective if you have been accused of physically harming or threatening another individual. To learn more about the next steps, consider scheduling a consultation with Athanaselos & Associates, P.A.

Sources:

 leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0784/Sections/0784.03.html

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0784/Sections/0784.011.html