What is an assault and battery charge?
Battery is a criminal offense involving the unlawful physical acting upon a threat, distinct from assault which is the act of creating apprehension of such contact. In most cases, battery is now governed by statutes, and its severity is determined by the law of the specific jurisdiction.
Battery: Either a misdemeanor up to six months in county jail, and/or maximum fine $2,000, probation or felony (depending on the nature of the alleged offense) punishable by up to three years in county jail or state prison, a fine of $2,000 up to $10,000, or both, probation.
- Technically, slapping someone would be battery, not assault. Assault is the act of threatening violence when capable of delivering on that threat. However, answering the spirit of the question, yes. An act is considered battery when it involves intentional, unwant contact with the intent to cause bodily harm.
- Penalties for Assault. Florida law classifies Simple Assault as a second degree misdemeanor, with penalties of up to 60 days in jail or 6 months probation, and a $500.00 fine. By contrast, the crime of Aggravated Assault is classified as a third degree felony, punishable by up to 5 years of imprisonment.
- A "battery" in simple terms is when you strike or attack someone without cause or provocation. It can be filed as either a misdemeanor or felony depending on the circumstances of the fight and the injuries sustained by the victim. Misdemeanor battery generally carries a jail sentence of not more than one year.
Updated: 11th December 2019