Assault And Battery
Fla. Stat. 784.011 — a threat is assault, a touching is battery
| The offense | What it is | The degree |
|---|---|---|
| The offenseAssault | What it isAn intentional, unlawful threat by word or act to do violence, with an apparent ability to do it, and an act creating a well founded fear that violence is imminent | The degreeSecond degree misdemeanor |
| The offenseBattery | What it isActually and intentionally touching or striking another against their will, or intentionally causing bodily harm | The degreeFirst degree misdemeanor |
| The offenseAggravated assault | What it isAn assault with a deadly weapon without intent to kill, or with intent to commit a felony | The degreeThird degree felony |
A second battery is a felony. A person with one prior conviction for battery, aggravated battery, felony battery or resisting an officer with violence who commits another battery commits a third degree felony, whether or not adjudication was withheld on the prior.
A second degree misdemeanor is punishable by up to 60 days and $500, a first degree misdemeanor by up to 1 year and $1,000, and a third degree felony by up to 5 years and $5,000.
Sources for this section (5)
- Fla. Stat. 784.011 — Assault
- Fla. Stat. 784.03 — Battery; felony battery
- Fla. Stat. 784.021 — Aggravated assault
- Fla. Stat. 775.082 — Penalties; applicability of sentencing structures
- Fla. Stat. 775.083 — Fines
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Florida attorney.