Assault and Battery Under the 2024 Florida Statutes – Find Out the Difference Between These Two Offenses and What You Can Do if You are Charged with a Crime in Miami
Assault and battery are two offenses under Florida criminal laws that may sound similar, but are distinctly unique. Indeed, while many individuals and residents in the Miami area may have heard about the offenses of assault and battery under Florida criminal laws, they may not know the differences between the two crimes. Knowing the difference between assault and battery under the 2025 Florida Statutes, the applicable criminal laws in Miami, is important for individuals and residents in Miami who may be facing criminal charges. To help individuals and residents in Miami who are curious about the differences between these two criminal offenses – and to help those who are facing criminal assault and battery charges themselves – better understand Florida criminal laws, we discuss the differences between assault and battery and what you can do if you are charged with a crime in Miami here.
Assault and Battery Under Florida Criminal Laws – Key Differences
Assault and battery, though they may sound similar, are very different offenses with their own elements under Florida criminal laws. First, “assault” “is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.” If a person is convicted of the offense of assault in Miami, they face a misdemeanor conviction in the second degree, unless they assaulted a person “in the furtherance of a riot or an aggravated riot,” and then they are deemed to have committed a misdemeanor in the first degree. On the other hand, the criminal offense of battery occurs when “a person…Actually and intentionally touches or strikes another person against the will of the other; or…Intentionally causes bodily harm to another person.” Battery is a misdemeanor offense in the first degree. However, if a person has a prior battery, aggravated battery or felony battery conviction, a subsequent battery conviction is a third-degree felony charge. In addition, a person is deemed to have committed a third-degree felony if they commit the crime of battery “…in furtherance of a riot or an aggravated riot….” Indeed, there is no question that assault and battery are different crimes, and a conviction of either assault or battery can carry with it harsh penalties and consequences.
Finding Legal Help in Miami – Miami Criminal Assault Attorney
If you are in the Miami area and you need legal help defending yourself against assault or battery charges, contact the experienced Miami assault attorneys at AsiliA Law Firm. The experienced Miami assault attorneys at AsiliA Law Firm are here to help individuals in Miami who have been charged with serious crimes get justice in the cases against them. Do not hesitate to speak to an experienced Miami lawyer about your case today. Contact AsiliA Law Firm and speak to a lawyer about your case now.
>