St. Petersburg assault and battery lawyer

Assault vs. battery in Florida

People use the two words together, but they're separate crimes. Assault, under section 784.011, is an intentional threat by word or act to do violence, made with an apparent ability to carry it out, that puts the other person in well-founded fear that violence is about to happen. No one has to be touched. Simple assault is a second-degree misdemeanor, punishable by up to 60 days in jail and a $500 fine.

Battery, under section 784.03, is actually and intentionally touching or striking someone against their will, or intentionally causing them bodily harm. A shove or a grab is enough. Simple battery is a first-degree misdemeanor with up to 1 year in jail and a $1,000 fine. If you already have one prior battery conviction, even one where adjudication was withheld, a new battery charge becomes a third-degree felony. When the two people are family or household members, the case is handled as domestic battery, which comes with its own rules.

Aggravated assault charges in Florida

Under section 784.021, an assault becomes aggravated when it's made with a deadly weapon without intent to kill, or with intent to commit a felony. Pointing a gun during a traffic dispute or swinging a bat at someone usually gets charged this way, and so can driving a car toward a person. Aggravated assault is a third-degree felony, punishable by up to 5 years in prison and a $5,000 fine.

Many of these cases turn on what the witness thought they saw. Was the object really a weapon? Was it displayed in a threatening way, or simply visible? Did the other person have a real, well-founded fear, or did they make the 911 call to get ahead of their own conduct? Those questions are where we start.

Aggravated battery and felony battery in Pinellas County

Felony battery, under section 784.041, applies when a battery causes great bodily harm, permanent disability or permanent disfigurement. It's a third-degree felony. Aggravated battery, under section 784.045, is a second-degree felony with up to 15 years in prison and a $10,000 fine. It applies when the person intentionally or knowingly causes great bodily harm, uses a deadly weapon, or commits a battery on someone they knew or should have known was pregnant.

A firearm changes the math. Under Florida's 10-20-Life law in section 775.087, an aggravated battery conviction where the defendant actually possessed a gun carries a 10-year minimum mandatory prison sentence. Firing it raises the minimum to 20 years, and if someone suffers great bodily harm or death from the shot, the minimum is 25 years with a maximum of life. The judge can't withhold adjudication or go below those minimums.

The gap between these charges is often the size of an injury or the description of an object, so we look closely at the medical records and the physical evidence. Doug Greenberg's years as a state prosecutor mean he knows how the State builds an aggravated battery case and where the proof tends to fall short. A weak weapon allegation or an overstated injury can be the difference between a second-degree felony and a misdemeanor.

Battery on a law enforcement officer

Section 784.07 raises the level of an assault or battery when the person knowingly targets a law enforcement officer, firefighter, paramedic, emergency room staff member, or one of several other listed workers who is performing their duties. A simple battery on an officer becomes a third-degree felony. Aggravated assault on an officer becomes a second-degree felony with a 3-year minimum mandatory sentence, and aggravated battery on an officer becomes a first-degree felony with a 5-year minimum.

These charges often come out of chaotic arrests where the body camera footage tells a different story than the report. The State has to prove you knew the person was an officer and that the contact was intentional, so we get every available video early.

Self-defense and Stand Your Ground immunity hearings

Florida law, in section 776.012, lets you use or threaten force when you reasonably believe it's necessary to defend yourself or someone else against imminent unlawful force. Deadly force is allowed only to prevent imminent death, great bodily harm or a forcible felony. If you weren't engaged in criminal activity and were somewhere you had a right to be, you had no duty to retreat.

Section 776.032 goes further than a trial defense. A person who used justified force is immune from arrest, charges and prosecution. We can ask the court for a pretrial immunity hearing, and once we present a prima facie claim of self-defense, the State must prove by clear and convincing evidence that immunity doesn't apply. If the judge grants immunity, the case is dismissed before a jury is ever picked. The immunity does not cover force against a law enforcement officer who was acting in the line of duty and identified themselves or was known to be an officer.

Florida assault and battery penalties

Each of these charges falls on Florida's ladder of offense degrees. Use the tool below to see the maximum jail or prison time and fine for each level.

The record consequences can outlast the sentence. Under section 943.0584, aggravated assault, aggravated battery, felony battery and any domestic assault or battery can never be sealed or expunged once there's a plea or finding of guilt, even with adjudication withheld. Some first-time misdemeanor assaults and batteries with little or no injury, and no domestic relationship, are handled through Adult Pre-Arrest Diversion. Some felony cases can be resolved through Pre-Trial Intervention. Finishing either program means no conviction.