In South Florida and all its jurisdictions such as Miami, Fort Lauderdale, West Palm Beach, Broward County, Dade County and Palm Beach County, people are often confused with battery and assault charges. Details about what constitute assault and battery can be found in chapter 784 of Florida Statutes.
So why are people confused about the difference between assault and battery? The main difference is simple, an actual touching.
According to the Florida Statute 784.011 an assault is when a person intentionally threats another individual to inflict violence upon them, and is actually apparently capable of doing so. They create fear in the other person who believes that the act of violence will occur.
On the other hand, battery is an actual touching or striking of another human being against his or her will. The battery causes a bodily harm to the victim, while assault is mainly a threat by word.
An assault constitutes a misdemeanor of the second degree, punishable by a fine of up to $500 or imprisonment for no more than 12 months. Battery is a misdemeanor of the first degree, punishable by up to 1 year in prison.
In cases of battery and assault, it is important to have an experienced criminal defense attorney. Call a South Florida criminal defense attorney for a free consultation.