What is the difference between assault and battery offenses?

Chapter 784 of Florida Statutes establishes crimes of assault and battery. Generally, assault, as defined under Florida law, refers to threats of violence, while battery refers to actual unlawful touching or striking of a person. Battery is a more serious offense than assault, although charges of either kind can result in significant legal trouble and harsh consequences. As defined in Section 784.03 Aggravated battery, defined in You need to fully understand the charges against you if you’re going to defend yourself successfully. BD Law is here to help you every step of the way.

What should I do if I have been charged with assault and battery in Florida?

You’ve been charged with assault—now what? Although you might want to tell your side of the story, don’t try to clear up a misunderstanding or explain what really happened without first consulting an experienced criminal defense lawyer. Anything you say could be used against you, potentially making your legal trouble even worse. Instead, inform the police, politely but firmly, that you need to speak to your attorney before you give any statement or answer any questions. If you have already made any statements, it’s not too late to avoid making further mistakes by choosing to exercise your right to remain silent going forward. As soon as possible, contact BD Law about your case. We offer a free, confidential consultation to ensure those accused of assault and battery in Florida have the opportunity to understand their legal rights and consider their options for defending against these serious charges.

Will I go to prison for an assault conviction?

Assault and battery charges can carry consequences that include imprisonment. Even misdemeanor offenses can result in up to 60 days of jail time for second-degree violations and up to one year for first-degree convictions. The more severe the offense, the harsher the penalties—including up to 5 years in prison for aggravated assault or up to 15 years for aggravated battery. Although a prison sentence is a very real possibility, it’s not a certainty. Putting up a strong defense offers you the best hope of minimizing a jail sentence or avoiding prison time entirely. Although the specific facts of your circumstances and the strength of the case against you determine what type of outcome is feasible, our goal as your assault and battery lawyer is to achieve the most favorable resolution possible for every individual client. Possible outcomes can include getting charges dropped or reduced, winning a trial with a not-guilty verdict, or advocating effectively for lighter sentences by highlighting mitigating circumstances.

Assault & Battery Attorneys

All criminal charges can have a serious impact on your life, but violent crimes like assault and battery can carry particularly harsh consequences. Not only could you face jail time and fines, but you’ll also have to contend with the consequences of having an assault or battery conviction on your record. The social stigma associated with assault and battery will affect your opportunities and your reputation for years to come.

The time to act to minimize the implications of assault and battery charges is now. The outcome of your case and its impact on your future depend on putting forward a strong, compelling legal defense. Your next move should be to consult an experienced criminal defense attorney at BD Law.

Fighting for Defendants Throughout South Florida

Experience in Criminal Defense and Prosecution

Reputation for Beating Assault and Battery Charges

Willingness to Fight Aggressively for You in Court

A Compassionate Approach to Criminal Defense

West Palm Beach Assault & Battery Attorneys

There’s a lot on the line. A conviction could cost you financially, with fines ranging from up to $500 for misdemeanor assault charges to up to $10,000 for aggravated battery charges. These charges could take away your freedom, potentially for up to a year (for misdemeanors) or for several years (for felony offenses). That’s not to mention the lifelong consequences of having an assault and battery charge on your record.

A criminal defense attorney provides the skilled legal support you need to thoroughly investigate the matter, gather evidence in support of your defense, and develop an effective strategy for securing the outcome that most benefits you. Our firm will explore all potentially relevant lines of defense, from mistaken identities and false allegations to lack of intent and acts committed in self-defense. We’ll highlight the weaknesses in the prosecution’s case and fight to suppress any evidence or statements obtained through unlawful or improper procedures. We seek to provide you with every advantage in the criminal justice system.

Your defense strategy matters, and so does your choice of criminal defense attorney. To get started with a free consultation, contact BD Law.

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Types of Assault & Battery Charges BD Law Can Assist You With

As experienced assault & battery attorneys, BD Law provides personalized defense strategies that hinge on compelling arguments and strong evidence. We defend clients against charges such as:

Misdemeanor assault (first-degree and second-degree)
Misdemeanor battery
Felony battery
Aggravated assault
Aggravated battery
Battery by strangulation
Domestic battery
Assault or battery on specific victims, including law enforcement officers, health services personnel, senior citizens, children, and pregnant victims

Every assault and battery case is unique, presenting its own challenges as well as opportunities for defending against the charges. In some instances, the incident resulted in no serious bodily harm, and arguments involving lack of intent could be made. In other instances, the prosecution may be gearing up to make a case involving the use of a deadly weapon and infliction of serious injury, and another type of strategy may be required.

By analyzing your legal issue from all angles and building a personalized defense strategy, BD Law works hard—and smart—to help clients beat assault and battery charges and pursue the outcome that benefits them as much as possible in their circumstances.

Why Choose BD Law to Defend You Against Assault and Battery Charges

The Benefit of Experience in Criminal Defense and Prosecution

With a proven history of success securing beneficial outcomes for our clients, BD Law has experience you can count on. Attorney Brandon Dinetz previously worked as an Assistant State Attorney in the Palm Beach County State Attorney’s Office and leverages this knowledge of how prosecutors think as he prepares effective defense strategies for the accused.

A Reputation for Beating Assault and Battery Charges

When confronting assault and battery charges, you need a reputable defense attorney to guide you through the criminal justice process. BD Law is known for the excellent results we achieve for our clients. We have won trials by securing not-guilty verdicts, negotiated reduced charges and sentences, and even gotten charges dismissed entirely. Every case is unique, but we remain committed in all cases to pursuing the most favorable outcome possible given the circumstances.

Willingness to Fight Aggressively for You in Court When Necessary

Through our meticulous case preparation and skilled negotiations, it may be possible to get charges dropped or dismissed or pursue a beneficial resolution to your case out of court. However, we’re always willing to advocate for our clients in the courtroom, too. When a trial offers our clients the most promising path forward, attorney Brandon Dinetz’s fierce courtroom presence facilitates the most beneficial outcome possible.

The Work Ethic and Reputation of a Leader in South Florida’s Legal Community

Choose a law firm that commands respect to represent you. Attorney Brandon Dinetz is known throughout West Palm Beach and the surrounding areas as a leader with an unstoppable work ethic, having won the esteem of law enforcement personnel, prosecutors, and judges across the region. Our strong reputation and professional relationships within the legal field benefit every client we serve.

A Compassionate Approach to Criminal Defense

During a low point of your life, when you’re facing the serious consequences of assault and battery charges, you’ve never needed support more. BD Law recognizes that every client we serve deserves the full protections they’re entitled to under the law and compassionate guidance through the legal system. You’re more than the offense of which you’re accused, and we’re determined to provide a defense strategy that mitigates the impact of these charges on your life as much as possible.

Frequently Asked Questions (FAQs) About Assault and Battery Charges in South Florida

Chapter 784 of Florida Statutes establishes crimes of assault and battery. Generally, assault, as defined under Florida law, refers to threats of violence, while battery refers to actual unlawful touching or striking of a person. Battery is a more serious offense than assault, although charges of either kind can result in significant legal trouble and harsh consequences.
As defined in Section 784.011, assault refers to an intentional threat, made through words or actions, that instills in the victim a well-founded fear of actual violence. Assault is generally charged as a second-degree misdemeanor in Florida, although assault committed in the context of furthering a riot constitutes a first-degree misdemeanor offense. When this threat involves either the use of a deadly weapon or the intent to commit a felony, it constitutes aggravated assault under Section 784.021 of Florida Statutes. Aggravated assault is a third-degree felony offense in Florida.
Section 784.03 of Florida Statutes establishes battery as intentionally touching, striking, or otherwise causing bodily harm to a victim. Battery can be charged as a first-degree misdemeanor but can also constitute a felony if the violation occurs in the context of a riot, is a repeat offense, or—under Section 784.041—results in serious consequences such as permanent disfigurement or disability of the victim or “great bodily harm.”
Aggravated battery, defined in Section 784.045 of Florida Statutes, occurs when the offense involves the use of a deadly weapon, intentionally causing great bodily harm or permanent disability or disfigurement, or an offense against a pregnant victim. Aggravated battery is a serious offense that can constitute a second-degree felony.
You need to fully understand the charges against you if you’re going to defend yourself successfully. BD Law is here to help you every step of the way.
You’ve been charged with assault—now what? Although you might want to tell your side of the story, don’t try to clear up a misunderstanding or explain what really happened without first consulting an experienced criminal defense lawyer. Anything you say could be used against you, potentially making your legal trouble even worse. Instead, inform the police, politely but firmly, that you need to speak to your attorney before you give any statement or answer any questions.
If you have already made any statements, it’s not too late to avoid making further mistakes by choosing to exercise your right to remain silent going forward.
As soon as possible, contact BD Law about your case. We offer a free, confidential consultation to ensure those accused of assault and battery in Florida have the opportunity to understand their legal rights and consider their options for defending against these serious charges.
Assault and battery charges can carry consequences that include imprisonment. Even misdemeanor offenses can result in up to 60 days of jail time for second-degree violations and up to one year for first-degree convictions. The more severe the offense, the harsher the penalties—including up to 5 years in prison for aggravated assault or up to 15 years for aggravated battery.
Although a prison sentence is a very real possibility, it’s not a certainty. Putting up a strong defense offers you the best hope of minimizing a jail sentence or avoiding prison time entirely. Although the specific facts of your circumstances and the strength of the case against you determine what type of outcome is feasible, our goal as your assault and battery lawyer is to achieve the most favorable resolution possible for every individual client. Possible outcomes can include getting charges dropped or reduced, winning a trial with a not-guilty verdict, or advocating effectively for lighter sentences by highlighting mitigating circumstances.

Client Reviews

"I’m so appreciative for Brandon Dinetz professionalism, urgency and reliability. Communication was clear and open throughout the entire process and I always knew what all possible outcomes were. I would highly recommend him if you’re looking for a peace of mind and the best outcome possible like I received. Couldn’t be happier with my decision to go with his firm of the literal 20 I spoke to. Amazing lawyer, Thank you!"

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"What an amazing lawyer, Brandon Dinetz took my case last minute without any hesitation and saved me in court on more than one occasion. His availability was great always there to answer any questions I had. His confidence in my case made me feel calm in the most scariest time of my life. I’ll forever be thankful for his service."

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West Palm Beach Assault & Battery Attorneys

Types of Assault & Battery Charges BD Law Can Assist You With

Why Choose BD Law to Defend You Against Assault and Battery Charges

The Benefit of Experience in Criminal Defense and Prosecution

A Reputation for Beating Assault and Battery Charges

Willingness to Fight Aggressively for You in Court When Necessary

The Work Ethic and Reputation of a Leader in South Florida’s Legal Community

A Compassionate Approach to Criminal Defense

Frequently Asked Questions (FAQs) About Assault and Battery Charges in South Florida

What is the difference between assault and battery offenses?

What should I do if I have been charged with assault and battery in Florida?

Will I go to prison for an assault conviction?