Assault and Battery are actually two distinct offenses, and they can be charged as
either felonies or misdemeanors. These offenses are found in Section 784 of the
Florida Statutes.
An 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 wellfounded
fear in such other person that such violence is imminent. The use of a weapon
in conjunction with the Assault can enhance the charge to Aggravated Assault which is
a felony offense.
The offense of Battery occurs when a person:
1. Actually and intentionally touches or strikes another person against the will of the
other; or
2. Intentionally causes bodily harm to another person.
If serious bodily injury occurs, a weapon is used, or the victim is pregnant the charge
can be enhanced to Aggravated Battery which is a felony offense.
Domestic Violence is a specialized form of Assault or Battery, and may be charged as a
misdemeanor or a felony. The penalties are enhanced, and the consequences are far
more serious. |