Assault and battery charges in Florida range from a second-degree misdemeanor — simple assault — to a first-degree felony aggravated battery with a deadly weapon carrying up to 30 years in prison. A conviction for any assault or battery charge can result in jail or prison, a permanent criminal record, loss of the right to possess firearms, employment consequences, and professional license revocation.
John Phillips personally handles criminal defense at Phillips, Hunt & Walker. He has defended high-profile assault and battery cases across Northeast Florida and is a recognized court television legal commentator — the kind of attorney national broadcasters turn to when they need someone who can explain complicated criminal cases clearly and credibly. That combination of trial experience and publicly demonstrated criminal law expertise is what you want defending you.
Phillips, Hunt & Walker defends assault and battery charges at all levels in Jacksonville and across the 4th Judicial Circuit and St. Johns County.
Call (904) 444-4444) for a free consultation.
Florida Assault vs. Battery: The Legal Distinction
Florida law distinguishes assault from battery. They are different offenses, and they are frequently charged together.
Assault (§ 784.011, Fla. Stat.) is an intentional, unlawful threat by word or act to do violence to another person, coupled with the apparent ability to carry out the threat, that creates a well-founded fear in the other person that violence is imminent. Critically, assault does not require physical contact — it is the threat that creates the offense.
Simple assault is a second-degree misdemeanor punishable by up to 60 days in jail and a $500 fine.
Battery (§ 784.03, Fla. Stat.) is actually and intentionally touching or striking another person against their will, or intentionally causing bodily harm to another person. Battery requires physical contact. Simple battery is a first-degree misdemeanor punishable by up to 1 year in jail and a $1,000 fine for a first offense. A second battery conviction is a third-degree felony.
Aggravated Assault and Aggravated Battery
Aggravated Assault (§ 784.021, Fla. Stat.) is assault committed with a deadly weapon without intent to kill, or assault committed with the intent to commit a felony. Aggravated assault is a third-degree felony punishable by up to 5 years in prison.
Aggravated Battery (§ 784.045, Fla. Stat.) occurs when a person commits battery and intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or uses a deadly weapon; or the victim is pregnant and the perpetrator knew or should have known the victim was pregnant. Aggravated battery is a second-degree felony punishable by up to 15 years in prison.
Felony Battery (§ 784.041, Fla. Stat.) is a standalone offense committed when a person actually and intentionally strikes another and causes great bodily harm, permanent disability, or permanent disfigurement. Felony battery is a third-degree felony.
10-20-Life: Florida’s Minimum Mandatory Sentencing for Weapons
Florida’s 10-20-Life statute (§ 775.087, Fla. Stat.) applies mandatory minimum prison sentences when a firearm is involved in certain felonies, including aggravated assault and aggravated battery:
- Possession of a firearm during an aggravated assault or aggravated battery: 10-year mandatory minimum
- Discharge of a firearm during commission of the offense: 20-year mandatory minimum
- Discharge causing death or great bodily harm: 25 years to life mandatory minimum
These mandatory minimums are not negotiable at sentencing. A judge cannot impose less than the mandatory term regardless of mitigating circumstances. Defense against 10-20-Life exposure requires challenging the underlying charge, the use of the firearm, or the constitutional validity of the evidence.
Stand Your Ground: Florida’s Self-Defense Law
Florida’s Stand Your Ground statute (§ 776.013, Fla. Stat.) provides that a person who is not engaged in unlawful activity and is attacked in any place where they have a right to be has no duty to retreat and has the right to stand their ground and use force, including deadly force, if they reasonably believe it is necessary to prevent death, great bodily harm, or the commission of a forcible felony.
Stand Your Ground immunity proceedings are conducted before trial. If a defendant establishes at a pretrial hearing that they are entitled to Stand Your Ground immunity, the charges must be dismissed — the prosecution cannot proceed to trial. The burden at the immunity hearing is preponderance of the evidence, and the court must view the evidence in the light most favorable to the defendant.
A successful Stand Your Ground defense ends a case entirely — before trial. It is one of the most powerful tools available in assault and battery defense when the facts support it. We evaluate Stand Your Ground applicability in every assault and battery case we handle.
Common Defenses to Assault and Battery Charges
Self-Defense — The right to use force in self-defense is well-established in Florida law. The force used must be proportionate to the threat. Deadly force is justified only to prevent death, great bodily harm, or the commission of a forcible felony. Non-deadly force is justified to prevent the imminent use of unlawful non-deadly force. We build self-defense cases from surveillance video, witness accounts, injury patterns, and the physical evidence of the confrontation.
Defense of Others — A person has the same right to use force in defense of another person as they would have in defense of themselves, under § 776.012, Fla. Stat. If you intervened to protect another person from attack, that intervention may be justified under Florida law.
Mutual Combat — When both parties voluntarily engaged in a fight, the consent inherent in that mutual engagement can complicate the prosecution’s proof of the battery. This does not automatically eliminate criminal liability, but it is a relevant factor in negotiation and trial.
Lack of Intent — Battery requires an intentional act. An accidental touching, however harmful, does not constitute battery. Where the physical contact was unintentional, the intent element of the charge may be contested.
Credibility of the Complainant — Assault and battery cases are frequently one-party-against-another in terms of evidence. The complainant’s prior relationship with the defendant, their prior statements, inconsistencies in their account, and their potential motive to fabricate or exaggerate are all relevant to the defense.
Battery on a Law Enforcement Officer
Battery on a law enforcement officer, firefighter, or other specified persons (§ 784.07, Fla. Stat.) elevates the charge: a battery that would be a first-degree misdemeanor becomes a third-degree felony. An aggravated battery on a law enforcement officer becomes a first-degree felony punishable by up to 30 years in prison.
These charges arise frequently in arrest situations — a defendant who resists or makes contact during an arrest, even minor contact, can face felony charges. The lawfulness of the underlying arrest and the specific nature of the contact are central to the defense.
Jacksonville Assault and Battery Cases: What to Expect
Assault and battery cases in Jacksonville are prosecuted by the State Attorney’s Office for the 4th Judicial Circuit. Prosecutors approach these cases with varying levels of aggressiveness depending on the severity of the alleged injury, the use of a weapon, the relationship between the parties, and the defendant’s prior record.
Plea negotiations are available in many cases — but whether to negotiate or take a case to trial depends on the quality of the evidence and the availability of defenses. We do not recommend pleas in cases where the evidence is weak, the constitutional issues are strong, or the self-defense facts are compelling. We try assault and battery cases.
Frequently Asked Questions: Jacksonville Assault and Battery
Can an assault or battery charge be dropped if the victim doesn’t want to press charges?
Once a case is filed with the State Attorney’s Office, it is the State — not the victim — that decides whether to prosecute. A victim who recants or declines to cooperate creates challenges for the prosecution, but the State can proceed with other evidence — surveillance video, 911 recordings, prior statements, officer observations. We use victim non-cooperation strategically but never rely on it as the sole basis of a defense.
What is the difference between felony battery and aggravated battery?
Felony battery (§ 784.041) requires that the defendant intentionally struck the victim and caused great bodily harm, permanent disability, or permanent disfigurement. Aggravated battery (§ 784.045) covers the same serious-injury scenario but also covers battery with a deadly weapon and battery on a pregnant victim. Aggravated battery is the more serious charge — second-degree felony versus third-degree felony — and carries a higher maximum sentence.
I was defending myself. Why was I the one arrested?
Police responding to a battery call often arrest the person who appears to have caused physical injury, regardless of who initiated the confrontation. Arrest is not conviction. A lawful self-defense claim — including a Stand Your Ground claim — is an affirmative defense that can be presented at a pretrial immunity hearing or at trial. Being arrested does not mean the prosecution will be able to prove its case.
Does a battery conviction affect my right to own a firearm?
A felony battery conviction results in loss of the right to possess firearms under both Florida and federal law. A misdemeanor battery conviction does not automatically disqualify you from firearms possession under most circumstances, though domestic violence battery convictions carry their own federal firearms prohibition under the Lautenberg Amendment regardless of the misdemeanor classification.
How long does an assault or battery case take in Jacksonville?
Misdemeanor cases in Duval County can move relatively quickly — some resolve within a few months through diversion, plea, or trial. Felony cases are more complex and can take a year or more from arrest to resolution, depending on discovery volume, motion practice, and trial scheduling. We keep clients informed throughout the process and move cases as efficiently as the facts allow.
Phillips, Hunt & Walker | (904) 444-4444 | Jacksonville Assault and Battery Defense — Misdemeanor Through First-Degree Felony