D. Scott Rieth Criminal Defense Attorney
888-352-3179 941-404-4192

Assault, battery and the differences between the two

Assault and battery are commonly combined in discussing charges of particular violence. However, what is interesting is that each charge, individually, is distinctly different from the other. If you look at another charge, assault with a deadly weapon, you see that that is quite different from homicide. This gives you a better idea of what assault it.

To nail it down, assault is a threat of violence, actions or words used to make the recipient feel a fear of bodily harm is imminent.

If you then carry out your threat, make physical contact and injure a person, only then could it be classified as battery.

Both assault and battery have varying levels of offense. If you engage in unwanted contact of a physical nature that is intentional against the victim, you can face charges of simple battery. Obviously, the contact has to fall into a certain categorization--a simple handshake would not be battery. Contact that is unwanted and unasked for.

The penalties for assault and/or battery vary as much as the degrees of the charge can. While the state can impose maximum sentences and penalties, if a defendant has prior convictions akin to the new charges, the prosecutor may request more extreme sanctions, exceeding the maximum sanctions.

If you are facing a charge of assault and battery, you may have a good defense against it and your other charges. An attorney well-versed in Florida criminal law will be able to analyze the circumstances around your particular case and construct a solid defense, if there is one. Reaching out to an attorney immediately may be the best thing for your defense.

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D. Scott Rieth
9040 Town Center Parkway, Suite 204A
Bradenton, FL 34202

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