Philpott Law LLC
Get a Consultation Now
DeLand: (386) 873-2884
Legal Scale
In Your Defense and By Your Side

Assault & Battery

What constitutes an Assault and Battery in Florida?

Florida law defines an assault as an intentional, unlawful threat to do violence to another person, coupled with an ability to carry it out, and doing some act that creates a well-founded fear of imminent harm in another person.

Simple assault is a second-degree misdemeanor punishable by up to 60 days in jail and a fine of up to $500.00. An assault or battery can have aggravating factors that can increase the severity of punishment, such as using a gun or weapon. Significantly, anything can be used as a weapon, such as a thrown glass, cell phone or even a ham sandwich! Use of a weapon may increase a misdemeanor to a felony. A 3rd degree felony is punishable by up to five years in prison and a $5000.00 fine.

It is important to understand that an assault need not result in physical harm. A threat of harm may be enough to be charged. Below are some examples:

  • Throwing an object at someone during an argument.
  • Taking a swing at someone but missing.
  • Grabbing or shaking someone.
  • Threatening to harm or kill someone.

Types of Assault and Battery Cases in Florida

  • Aggravated Assault
  • Aggravated Battery
  • Assault/Battery of a Law Enforcement Officer
  • Domestic Battery
  • Assault/Battery with a deadly weapon

The circumstances of your case will determine if you are charged with a felony or a misdemeanor. Regardless, it is important to have sound legal representation.

Philpott Law is uniquely qualified to represent you are charged with an assault or battery. Mr. Philpott is a former prosecutor and as such has understands the charges and, importantly the defenses that may be raised. Let us help you, call 386-873-2884 to discuss your case.

Potential Defenses to Assault/Battery Charges

  • Self-defense
  • Defense of Others
  • Necessity
  • Insanity
  • False Allegations
  • Lack of Evidence

Let us at Philpott Law develop a winning defense strategy for you! Call 386-873-2884 for a free, no obligation, consultation and case evaluation today!