Thousands of assault and battery incidents are reported in the state of Florida each year, while many more cases likely go unreported. Any person, regardless of gender, age, or physical stature, can become a victim of battery or assault.
In the aftermath of such an incident, victims may have several legal options to seek justice for the verbal or physical violence perpetrated against them, including the filing of a claim or lawsuit. The types of legal options available to victims may depend on several factors, such as whether the assault was aggravated, the severity of resulting injuries, and whether physical contact was involved.
The Florida-based assault and battery lawyers of Florin|Roebig have a strong record of advocating for victims of assault and battery, including survivors of domestic and sexual violence. If you’re a survivor of one of these offenses, our lawyers are ready to hear your story and determine your eligibility to file civil or criminal charges against the perpetrator.
Defining Assault And Battery
Florida law defines assault and battery as two separate offenses that may be further categorized according to the nature of the incident and other factors.
Definition Of Assault
Under Florida law, assault is defined as an incident in which someone has made a verbal or physical threat of unlawful harm, or intention to harm.
Physical contact with the person who has been threatened is not required for an individual to be charged with assault. The only requirements for a civil charge of assault are that the threat is intentional and poses an imminent risk for harm. Perpetrators must also be capable of carrying out their threat for it to be considered an incident of assault.
Under the umbrella of assault charges, assault can be further classified as a charge of simple assault or aggravated assault:
- Simple assault is a second-degree misdemeanor that occurs when there is an imminent threat of harm (verbal or physical) made against a person that does not involve the use of a deadly weapon or force.
- Aggravated assault is a more serious charge that refers to incidents in which one or more individuals have made a severe threat of harm (i.e. a felony). Assault may also be considered aggravated if the victim was threatened with force, or if a deadly weapon was involved with the intent to kill.
Definition Of Battery
Under Florida law, battery is defined as an incident in which physical harm has been perpetrated against a victim. Unlike assault, battery must involve not just a threat of harm but an actual infliction of harm by way of physical contact or violence.
Like assault, battery may also be further categorized and charged as an incident of simple battery, felony battery, or aggravated battery:
- Simple battery is a first-degree misdemeanor defined as intentionally touching or striking a person without their consent. Incidents of simple battery may or may not result in actual bodily harm.
- Felony battery is defined as intentionally touching or striking a person without their consent, or intentionally causing bodily harm. This can be charged as a full misdemeanor or third-degree felony.
- Aggravated battery is a second-degree felony defined as an incident of severe violence in which the intentional and non-consensual act of battery has resulted in great bodily harm, permanent disability, or disfigurement.
Consequences Of Assault And Battery
Assault and battery are serious offenses that can have a range of consequences on the physical, emotional, and psychological well-being of victims.
Victims of these offenses may feel unsafe in their homes, workplaces, and communities—and face other financial and non-economic costs. How survivors react to incidents of assault and battery can vary widely and may not be indicative of the seriousness or severity of the incident.
Incidents of assault and battery may lead to moderate to severe injury—such as broken bones, loss of vision or hearing, internal bleeding, or disfigurement—as well as have emotional and psychological consequences.
Emotional and psychological consequences of assault and battery may include:
- depression
- anxiety
- paranoia
- post-traumatic stress disorder (PTSD)
- strained relationships
- changes in appetite
- neglect of personal hygiene
- harmful drug or alcohol use
Financial consequences of assault and battery may include:
- ambulance costs
- medical expenses
- surgery
- medication
- counseling and psychiatric treatment
- physical therapy
- lost wages/job loss
- loss of earning capacity
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What To Do After An Assault Or Battery In Florida: Step-By-Step
If you’ve experienced an incident of assault or battery, there are several steps you can take to first ensure your physical safety and determine your options for taking legal action against the perpetrator(s).
1. Find A Safe Location
Finding a safe location away from the individual who has threatened or committed an act of violence against you is the number one priority after an incident of assault or battery.
Depending on the nature of the incident and where it occurs, it may be difficult to completely remove yourself from your perpetrator. This is a common struggle in situations of domestic violence and workplace violence. If possible, consider reporting to a police station, medical setting, or going to the home of a safe family member or friend.
2. Seek Medical Care
If the incident involved physical contact or violence, medical attention may be necessary. If you’ve suffered injuries more severe than bruising or scrapes, seek medical treatment as soon as you are able. If needed, this may require asking someone else to call 9-1-1 on your behalf or transport you to an emergency medical care setting.
3. File A Report With The Police
Many people can feel nervous or reluctant to report their assault or battery to the police. If you wish to take legal action against the perpetrator, however, reporting the incident to law enforcement may be crucial.
Filing a police report can provide you, and others involved in the legal proceedings, with evidence that the incident occurred and that you took the step to inform the proper authorities of the verbal and/or physical violence perpetrated against you.
Law enforcement can investigate your case and include details of the incident in your report, which can be brought to court as evidence, if needed, in the event that you decide to file civil or criminal charges against the perpetrator.
4. Contact An Assault And Battery Lawyer
Even if you’re unsure of whether you wish to take legal action, it may be helpful for you to consult with a lawyer who has experience handling assault and battery cases.
One of our assault and battery lawyers can provide you with greater insight into what the legal process might look like, what legal options are available to you based on the nature of your case, and what you can expect to get out of filing a claim or lawsuit against the perpetrator.
Florida Assault And Battery Laws
Assault and battery laws are established by local and state authorities. Therefore, laws and penalties for assault and battery in Florida may not necessarily apply to cases filed in other states.
Florida law defines assault and battery as separate charges that can be filed in civil or criminal courts, depending on the nature of the incident and other contextual factors. These charges can be classified as a misdemeanor or felony charge, depending on whether the incident is simple or aggravated.
The primary requirements in order to file a personal injury claim for battery or assault is proof that the offender was the direct cause of the assault or battery, and that the incident was not provoked. Provocation can be an influential factor in assault and battery cases and may serve as a defense for named perpetrators.
Legal defenses for perpetrators include circumstances in which the assault or battery was:
- an act of self-defense
- accidental
- consensual
- perpetrated in defense of another person or property
Damages And Penalties
If you are a victim of assault or battery, you may be eligible to take legal action in order to receive compensatory or punitive damages.
Compensatory damages refers to monetary compensation that is awarded in personal injury claims to compensate for personal and financial losses, including:
- emotional distress
- medical expenses
- pain and suffering costs
- counseling
- lost wages
- loss of earning capacity
Punitive damages refers to repercussions for the perpetrator that are meant to dissuade the perpetrator of assault and battery from engaging in similarly unlawful behavior in the future. This can be awarded in the way of fines, jail or prison time, probation, and restitution.
The types of penalties perpetrators can face after being charged with assault or battery depend largely on the type of offense they are charged with (e.g. simple versus aggravated assault), whether they are a first-time or repeat offender, whether the victim is designated as having “special victim status”, and other factors related to the severity of the charge.
Aggravated assault and felony battery charges can lead to the most serious penalties, including thousands of dollars in fines and incarceration.
Florida Statute Of Limitations For Assault And Battery
In assault and battery cases, the statute of limitations is the amount of time victims have to file a claim or lawsuit against their perpetrator. This time limit varies by state. In Florida, the statute of limitations for assault and battery cases is four years after the date of the incident.
Exceptions to Florida’s statute of limitations for assault and battery include cases that involve:
- sexual abuse or sexual violence
- death of the victim
- libel or slander
An assault and battery lawyer can determine how long you have to file a claim or lawsuit against the perpetrator based on the details of your case.
Florida Assault And Battery Lawyers
At Florin|Roebig, our Florida assault and battery lawyers are dedicated to treating clients with dignity, compassion, and understanding for the many factors that can complicate a person’s decision to file for legal action against their perpetrator.
Situations where the perpetrator of the assault or battery is a family member, friend, coworker, teacher, or boss—for instance—can often make a victim feel more reluctant to come forward. We recognize the complexities of these cases and the bravery that comes with speaking openly about these sensitive experiences.
One of the greatest responsibilities our lawyers have to our clients is keeping an open line of communication with you throughout this process and ensuring your legal protections are recognized and honored.
Our Florida assault and battery lawyers can help you in the following ways:
- provide you with an overview of your legal options following an initial evaluation of your case
- determine how much your case may be worth
- gather evidence (including medical records, police reports, witness testimony) to support your case
- utilize the full extent of our collective skills and resources to serve as effective legal representation
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Contact Florin|Roebig Assault And Battery Lawyers Today
If you’ve experienced an incident of assault or battery, you’re not alone. Our assault and battery lawyers are ready to hear your story and help you begin the process of taking legal action against the perpetrator.
Contact the offices of Florin|Roebig today to schedule a free case evaluation with one of our top-rated Florida-based assault and battery lawyers.
