Assault is the threat of bodily harm, combined with an apparent attempt to cause the harm. It is typically treated as a misdemeanor and aggravated assault is treated as a felony. In order to receive a conviction of assault, the following must be present: The apparent, present ability to carry out an unlawful attempt to commit a violent injury upon another. See Florida Statute 784.011
In its simplest form, battery is a criminal offense involving unlawfully having physical contact with another. There are different types of battery charges: simple battery, sexual battery, family-violence battery, andaggravated battery are a few of the most common charges. See Florida Statute 784.03
For a conviction of battery, a prosecutor must prove beyond a reasonable doubt that there was unlawful application of force, to another person, resulting in either bodily injury or an offensive touching. See Florida Statue 784.03
To find out more about your rights when charged with Assault and/or Battery, contact us for a free confidential initial consultation.