A fight, a shove, a threat in a parking lot — the State often hears only one side before it files. The time to get your side on the record is now, while the witnesses still remember and the video still exists.
Call 904-383-7448Assault and battery are two different crimes in Florida. Assault, under section 784.011, Florida Statutes, is a threat that puts someone in fear of imminent violence, with no touching required. Battery, under section 784.03, is the actual unwanted touching or striking of another person. Battery becomes the felony of aggravated battery under section 784.045 when a deadly weapon or serious injury is involved.
If you have been charged, do not explain yourself to the police. Call 904-383-7448 first. Graham W. Syfert has defended these cases in Northeast Florida since 2007.
Florida defines assault narrowly. Under section 784.011, an assault is an intentional, unlawful threat to do violence to another, joined with an apparent ability to carry it out, that creates a well-founded fear in the other person that the violence is about to happen. No one has to be touched. Words alone are usually not enough; there has to be some act that makes the fear reasonable. Simple assault is a misdemeanor. It becomes aggravated assault, a third-degree felony under section 784.021, when it is committed with a deadly weapon or with an intent to commit another felony. Because assault rests on the victim's state of mind and the reasonableness of the fear, these cases often come down to what was actually said and done, and whether the fear the statute requires was really there.
Battery under section 784.03 is the actual touching. The State must prove the defendant either intentionally touched or struck another person against their will, or intentionally caused them bodily harm. The contact does not have to be dramatic. A push can qualify. Simple battery is a first-degree misdemeanor, but a defendant with a prior battery conviction can be charged with felony battery for a new offense.
The charge changes character when it becomes aggravated battery under section 784.045. That is a second-degree felony, carrying up to fifteen years under section 775.082, Florida Statutes, with fines set by section 775.083. Battery becomes aggravated when the defendant intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement, uses a deadly weapon, or batters a person the defendant knew or should have known was pregnant. The phrase "great bodily harm" is not defined with a bright line, which is exactly why it is contested. A bruise is not the same as a broken bone, and what the State calls great bodily harm is frequently a question for the jury, not a given.
Many assault and battery charges arise from a confrontation where the person charged was defending himself. Florida law recognizes that. A person is generally justified in using force to defend against another's unlawful force, and under Florida's Stand Your Ground law a person who is not engaged in unlawful activity and is in a place he has a right to be has no duty to retreat before using force. Where self-defense applies, Florida also provides a pretrial immunity hearing, at which a judge can dismiss the case before it ever reaches a jury if the defense is established. This is a powerful tool, but it is fact-bound. Who started it, whether the force used was proportional, what each person reasonably believed, and what the video and witnesses show all decide whether self-defense carries the day. Building that record early, before memories fade and footage is overwritten, is the heart of the defense.
Assault and battery cases often turn on credibility and on details that are easy to lose. The 911 call, the responding officers' body cameras, surveillance from a nearby business, text messages, and the injuries documented at the scene can all tell a different story than the one the State first heard. A careful defense gathers that evidence before it disappears, deposes the accuser, and tests whether the State can actually prove intent, the unwanted nature of the contact, or the seriousness of any injury. Where the contact was accidental, consensual in the context of a mutual fight, or justified by self-defense, those are defenses worth pressing.
Related: Felony & Violent Crimes overview · Domestic Violence Defense · Weapons & Firearms Charges
Assault under section 784.011 is a threat that puts someone in fear of imminent violence, with no touching. Battery under section 784.03 is the actual unwanted touching or striking of another person.
Simple battery is usually a misdemeanor. It becomes aggravated battery, a second-degree felony under section 784.045, when a deadly weapon, great bodily harm, or a known pregnancy is involved. A prior battery conviction can also raise a new charge to a felony.
Possibly. Florida law allows the use of force to defend against an attack, and under Stand Your Ground there is no duty to retreat where you are lawfully present. Self-defense can support a pretrial immunity hearing, but whether it applies depends on the facts.
The call is free and confidential. Whether it is a traffic citation or a felony, the sooner a defense begins, the more can be done. Graham W. Syfert answers his own phone.
Call 904-383-7448Graham W. Syfert, Esq., P.A. · Jacksonville, Florida
Serving Duval, Clay, Nassau, and St. Johns Counties