Legal terms can sometimes be confusing as their definitions in law don’t necessarily and strictly follow the implied or literal meaning of the words they are represented with. And in the US, these definitions and their categorization vary from state to state, adding to the confusion.
One of the terms that fall under this category is “assault” which is commonly confused with “battery” despite the fact that in some states such as Florida, they are two separate and distinct offenses that result in different punishments. While battery and assault both involve intentional harm, it is the details of the act that sets them apart or elevate them to aggravated status.
The Definition of Assault
The crime of Assault is defined under Section 784.011, Florida Statutes as: “an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.”
In other words, an assault does not need to involve bodily harm or physical contact. Rather, it’s the intentional threat of doing harm to another person provided that the ability to do so by the aggressor is present and causes the victim to feel that physical harm is imminent.
As stipulated by the law, it should be noted that a person’s fear of impending violence alone is not enough to constitute an assault. There must be evidence of the aggressor intentionally putting the victim in well-founded apprehension of an offensive contact. As such, verbal threats alone are not considered assault.
Penalties for Assault
In the state of Florida, regular or simple assault is relatively a minor offense. It is a second-degree misdemeanor that is punishable by up to 60 days in jail and a fine of up to $500. A misdemeanor is not as serious as a felony.
The Definition of Aggravated Assault
Under certain circumstances, an assault can be considered a felony which is a more serious crime. If in the course of the threat, the accused uses a deadly weapon such as a firearm, he or she has committed an aggravated assault. The use of a deadly weapon, in this case, should be solely to threaten the victim and not with the intent to kill them. Otherwise, the crime would be established as attempted murder.
An aggravated assault can also occur if the aggressor has a conscious intent to commit a felony even without the use of a deadly weapon. For example, if the defendant has engaged in a felony such as an unarmed burglary and threatens to do a violent act to another person during the process, he or she has committed an aggravated assault.
Penalties for Aggravated Assault
In Florida law, aggravated assault is classified as a third-degree felony punishable by a 3-year minimum mandatory prison even without prior conviction and up to 5 years of jail time with a $5,000 fine. However, the punishment can get much more severe based on certain factors. For instance, if the offender fires a firearm during the course of the incident, he or she might face up to 20 years of imprisonment—read more here.
The Definition of Battery
Under Section 784.03, Florida Statutes, the crime of battery is defined as follows: “The offense of battery occurs when a person actually and intentionally touches or strikes another person against the will of the other; or intentionally causes bodily harm to another person.”
So, any intentional strike or non-consensual touch to another person regardless of whether it is gentle or results in bodily harm qualifies as a battery. This also includes the use of any object in the act whether that object is thrown at the victim or simply used to touch or strike him or her. Similarly, touching or striking an object intimately close to the body of the victim such as a handbag or cell phone constitutes a battery and direct touch to the body is not needed for it to occur.
Penalties for Battery
Except for those with a history of conviction, simple battery is considered a first-degree misdemeanor in Florida and is punished by a maximum of 1-year imprisonment and a fine of up to $1,000.
The Definition of Aggravated Battery
With a misdemeanor battery, the offender may not necessarily do the person harm but with a felony battery or an aggravated battery, the offense “causes great bodily harm, permanent disability, or permanent disfigurement”. In addition to that, a battery is classified as aggravated if there has been a deadly weapon involved or the alleged victim was a pregnant person at the time of the incident and the offender knew or should have known that fact.
Penalties for Aggravated Battery
In Florida, the crime of aggravated battery carries second-degree felonies punishments and as such, can include up to 15 years of jail time and a fine of up to $10,000.