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Is assault and battery a felony in Florida?

Assault and battery charges are different and can mean anything from a verbal threat to harming someone with a deadly weapon. The type of charge will depend upon the severity of the injuries and are determined on a case by case basis. In Florida there are separate punishments for assault, aggravated assault, battery, and aggravated battery. Assault is typically a verbal threat whereas battery is added when the defendant is accused of making unwanted physical contact. Here are the four types broken down.

Simple assault

A basic assault charge means that you are accused of threatening a person with physical injury. This can mean that you have not actually touched the person but threatened them in a fight or even in writing. An assault charge can result in a misdemeanor in Florida.

Aggravated assault

An aggravated assault charge implies that the defendant had the intention of using a deadly weapon or intended to commit a felony. This situation can occur if the defendant threatens someone with a knife or gun. An aggravated assault charge can result in a third degree felony.


Battery is added when the defendant is accused of physically touching or hurting the other person. This can result in a first degree misdemeanor for your first charge. If this is a second time being charged with battery then it can be considered a 3rd degree felony.

Aggravated Battery

Aggravated battery is charged when the victim claims they have received serious injuries from a physical altercation with the defendant or if the defendant was accused of using a deadly weapon. This is the most serious charge. Felony battery can be charged for repeat offenders.

If this is your first time being charged with assault and battery then you may receive more leniency. There are many options for assault and battery defenses which can be discussed with an attorney including self-defense, accidents, defense of a friend, and more.

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