Possible Defenses Against Assault and Battery Charges in Florida

Being charged with any crime is serious, but it is particularly serious if you have been charged with a violent crime like Assault or battery. The first thought on your mind is likely how to defend yourself against these crimes. While a comprehensive defense strategy requires thorough legal knowledge and investigation into the situation, there are some common possible defenses against assault and battery charges in Florida that can help you direct your strategy.

The Difference Between Assault and Battery

In many instances, the terms assault and battery are used in combination to reference a single incident. However, in Orlando, Assault and battery are two separate charges that both carry serious consequences.

Under Florida Statute § 784.011, Assault is defined as an intentional threat of verbal or physical violence that results in the victim fearing for their safety. Assault is typically charged as a misdemeanor in the second degree and carries a potential penalty of 60 days in jail and a fine of $500. Additional penalties like counseling for anger management and a protective order for the victim may also be applied.

Under Florida Statute § 784.03, battery is defined as the intentional striking or touching of another person or intentionally causing bodily harm to another. While a threat without contact can be considered an assault, battery charges apply only if contact was made with the victim. Battery is charged as a misdemeanor in the first degree and carries a maximum penalty of one year in jail and a fine of up to $1,000.

It is important to understand that you can be charged with both Assault and battery, depending on the circumstances of the incident. There are also circumstances of both crimes that can elevate the charge to an aggravated status, resulting in harsher penalties.

Defenses Against Assault and Battery Charges

Defending against assault and battery charges should be determined by the unique circumstances of your case. However, there are several common defense strategies that may serve as a starting point for your defense. These include:

• Establishing an alibi. The defendant can deny that they committed the crime by establishing that they were not present at the location at the time of the incident. This involves providing evidence, such as eyewitness testimony or security camera footage, that shows the defendant in another location when the incident occurred.
• Constitutional rights violation. If the defendant’s constitutional rights were violated, then the defense team can argue that any evidence collected because of the violation should be excluded from the trial. For example, if the defendant was denied the right to counsel and admitted to committing the crime, the confession may be excluded from the trial.
• Statute of limitations. For many crimes, there is a period which the prosecution has to bring charges against the accused. If charges are filed after this period has passed, then the defense can request that the charges be dismissed.

There are also some defense strategies that apply more specifically to assault or battery cases.

• No contact. Battery is a more serious charge than Assault and carries harsher penalties. If you are charged with battery but did not make contact during the incident, the defense can argue that the charges should be reduced to Assault.
• Self-defense. It is permissible to use threats or force to defend yourself or others in Florida. If the defendant believed they were in danger of imminent bodily harm from a physical attack, they were not obligated to wait to be hit by the aggressor to fight back.
• Mutual combat. If both parties “squared off” for the fight, then the defense can argue that both parties are equally engaged. Though mutual combat is not defined as consent, it does indicate that neither was the aggressor, and the defendant should not be charged.

Though this list does explain some potential defense strategies, it is far from an exhaustive list. It is important not to feel disheartened if you do not believe your case fits into these situations. A criminal defense attorney can examine your case and determine the most effective defense strategies for your specific situation. Their exhaustive knowledge will lend itself to building a tailored defense strategy that has the greatest chance of reaching a favorable outcome.

FAQs

Q: Are Assault Charges or Battery Charges More Common in Florida?

A: Assault charges in Florida can be quite common. In some cases, they can also be accompanied by charges for battery. In 2024, there were a total of 303,976 arrests and 606,954 criminal charges in Florida. Of those arrests, 10,706 were assault charges, and 50,932 were battery charges. Battery charges are much more common in Florida than assault charges. In fact, almost 12% of the total charges filed were battery.

Q: What Is the Optimal Defense for Battery Charges?

A: The optimal defense for battery charges depends on the circumstances of the incident and how law enforcement handled the case. In some cases, a civil rights violation defense may be the most effective defense. The charges could be excluded if the defendant’s civil rights were violated. The defendant may also be able to argue a self-defense or mutual combat defense.

Q: What Are Common Law Affirmative Defenses to Battery?

A: Common Law affirmative defenses state that while the allegations may be true, the defendant should not be found liable. The burden of proof for affirmative defenses falls on the defendant. Some potential affirmative defenses for battery include consent, self-defense, defense of others, and defense of property. Speaking with your attorney can help identify if this defense fits your case.

Q: Should I Plead Guilty to Assault or Battery?

A: It is almost not recommended that you plead guilty to any crime without speaking to an attorney first. A knowledgeable criminal defense attorney can evaluate the case against you and advise you of your options. Even if you know you committed the crime, a defense attorney may be able to negotiate a favorable plea deal.

Orlando Criminal Defense Attorney

The 2023 violent crime rate in Orange County was 194.5 per 100,000 residents. This means thousands of people will be charged with crimes like Assault and battery in Orange County alone. If you or a loved one has been charged with Assault, battery, or other violent crime, it is vital that you contact a trustworthy and knowledgeable defense attorney.

At Robert B. Fisher, P.A., we believe our clients deserve an aggressive criminal defense strategy that protects their rights and attempts to reach the most favorable outcome for their situation. If you are charged with Assault or battery and need legal representation in Orlando, contact our offices today. Let us put our decades of experience in Seminole County and throughout Orlando to work for you.