Assault & Battery

Knowledgeable Broward County Criminal Defense Attorney Aggressively Representing Clients Charged with Violent Crimes

In Florida, assault and battery are two separate crimes with different elements, but each can lead to serious consequences. At Lowry Legal, our Broward County assault & battery lawyer is here to help you understand the charges against you and build a strong defense to ensure your recent arrest has as little impact on your future as possible. Attorney Lowry has more than two decades of experience handling all types of felony and misdemeanor cases and knows what it takes to help you overcome these charges and move on with your life.

The Difference Between Assault and Battery in Florida

In Florida, assault and battery are distinct offenses:

• Assault involves the intentional and unlawful threat to cause harm to another person, coupled with the ability to follow through on that threat, which creates fear in the victim. Importantly, assault does not require physical contact—only the perception of an immediate threat.
• Battery, on the other hand, involves intentional physical contact with another person against their will. This could range from a simple unwanted touch to a more forceful act that causes actual harm or injury. Unlike assault, battery requires actual physical contact.

For example, imagine a situation where someone raises their fist, signaling an intent to strike another person. If no physical contact occurs, this could be considered assault. However, if they follow through and make physical contact, it then becomes both an assault and battery.

As this example illustrates, it is common for prosecutors to bring both assault and battery charges even though there was only a single incident.

Assault Penalties

The penalties for assault in Florida vary based on the type and severity of the offense. There are several different types of assault, the most common of which are:

• Simple Assault: This is generally classified as a second-degree misdemeanor, punishable by up to 60 days in jail, six months of probation, and a fine of up to $500.
• Aggravated Assault: Aggravated assault is a more serious charge involving the use of a deadly weapon or the intent to commit a felony. It’s classified as a third-degree felony, with penalties including up to five years in prison, five years of probation, and a fine of up to $5,000.
• Assault on Certain Protected Persons: Florida law includes enhanced penalties for assault against protected individuals, such as law enforcement officers, emergency medical personnel, and other first responders. Assault on a protected person can lead to more severe charges and penalties.

A conviction for aggravated assault or assault on a protected individual will mean you’ll have a felony on your record, which will have a lasting impact on your employment opportunities, housing, and even social relationships. However, a skilled Broward County assault & battery lawyer can help you effectively defend against the charges.

Battery Penalties

Battery charges in Florida range from misdemeanors to felonies, depending on the circumstances.

• Simple Battery: Simple battery, defined as intentional and unwanted physical contact, is generally a first-degree misdemeanor. It is punishable by up to one year in jail, one year of probation, and a fine of up to $1,000.
• Felony Battery: Felony battery occurs when the act causes significant injury or you have a prior battery conviction. Felony battery is classified as a third-degree felony, with penalties including up to five years in prison, five years of probation, and fines up to $5,000.
• Aggravated Battery: Aggravated battery is a more serious charge involving the use of a deadly weapon or causing great bodily harm. It is a second-degree felony, punishable by up to 15 years in prison, 15 years of probation, and a fine of up to $10,000.
• Battery on a Law Enforcement Officer or Public Servant: As with assault, battery on certain protected persons carries enhanced penalties. Battery on a law enforcement officer, emergency medical personnel, or other first responders is a third-degree felony and may involve mandatory minimum sentences.

Battery convictions can result in severe consequences, including a criminal record, prison time, and challenges in finding employment. With an experienced defense strategy, however, it may be possible to reduce or even dismiss these charges.

Get Started on a Compelling Defense by Speaking with Our Broward County Assault & Battery Lawyer Today

If you’re facing assault or battery charges in Florida, it’s essential to take immediate action to protect your rights. A conviction can have a lasting impact on your life, but with the guidance of a knowledgeable Broward County assault & battery lawyer at Lowry Legal, you’ll have the support you need to explore your options and build a compelling defense. At Lowry Legal, we know what it takes to secure the best possible outcome in even the toughest cases. From exploring self-defense claims to questioning the evidence, we examine every detail of your case to ensure that your side of the story is heard. To learn more, and to schedule a free consultation today, call Lowry Legal at 954-908-6222 or connect with us through our secure online contact form. We proudly serve clients throughout Broward County including Fort Lauderdale, Hollywood, Lauderdale Lakes, Lauderhill, Lighthouse Point, Miramar, North Lauderdale, Oakland Park, Pembroke Pines, Plantation, Pompano Beach, and Sunrise.