St. Petersburg Assault & Battery Attorney

A case of mistaken identity or a police officer who misunderstands the situation can lead to charges of assault and/or battery. At Joseph Montrone, Jr., I defend clients who are being accused of physically attacking someone else. My firm takes decisive steps to resolve criminal matters successfully so accused individuals can avoid or minimize negative consequences resulting from the incident. In many situations, cases can be resolved promptly and fairly, but when justice requires going to trial, I am fully prepared to challenge authorities and fight for a dismissal or acquittal.

Request your free initial consultation with a St. Petersburg assault and battery attorney. Call my firm at (727) 617-6095 today.

What Is the Difference Between Assault & Battery in Florida?

For most people, the terms assault and battery run together and are indistinguishable. However, they are different and distinct offenses within the Florida Statutes. The relevant language defines assault 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.” Accordingly, assault does not require any unwanted touching but is committed through words or movements.

By contrast, battery is the offense that involves actual physical contact. Florida law says battery happens when someone “actually and intentionally touches or strikes another person against the will of the other… or intentionally causes bodily harm to another person.”

What Is Considered Assault in Florida?

A person can commit assault several ways, including:

• Shouting threats
• Shaking a fist or brandishing a weapon
• Pantomiming a threat, such as slitting a throat or firing a gun
• Taking a threatening stance near a targeted person

Whether words and/or actions constitute a threat depends on several factors, including the accused's mindset and ability to actually fulfill the threat.