From a bar fight to a serious felony allegation, assault and battery charges demand a defense that understands both the law and the story behind the incident.
Whether an incident is charged as a misdemeanor or a felony often depends on injury, the use of a weapon, and the identity of the alleged victim.
Florida separates assault and battery in Chapter 784 of the Florida Statutes. Assault, defined in Section 784.011, is an intentional threat that creates a well-founded fear of imminent violence, and simple assault is a second-degree misdemeanor. Battery, defined in Section 784.03, is the actual touching or striking of another against their will, and simple battery is a first-degree misdemeanor.
The charges become felonies when aggravating factors are present. Aggravated assault under Section 784.021 and aggravated battery under Section 784.045, which involve a deadly weapon or serious bodily harm, are felonies carrying substantial prison exposure. The presence of a weapon or a serious injury is often the dividing line.
The District of Columbia addresses assault in Section 22-404 of the D.C. Code, which covers simple assault and threatened assault in a menacing manner. Aggravated assault is addressed separately in Section 22-404.01. Simple assault is a misdemeanor, while aggravated assault, which involves serious bodily injury, is a felony carrying significant potential imprisonment.
The District recognizes gradations of assault that turn on the degree of injury and the circumstances, and it treats assaults on certain protected individuals more severely. Identifying which provision the government is charging under is the first step in shaping the defense.
These cases are often less clear cut than the charge suggests. Self-defense, defense of others, consent in a mutual altercation, lack of intent, and mistaken identity are all recognized defenses. Witness accounts frequently conflict, and the firm works to develop the full context that a charging document leaves out.
Alec Kohn tried cases to verdict as a Miami-Dade prosecutor before founding the firm, and he understands how these cases are presented to a jury. You work directly with the attorney handling your case, and the firm is reachable 24 hours a day.
The figures on this page are drawn from the following primary and secondary sources. Statutes and penalties change; this summary is reviewed by the firm and is not a substitute for legal advice on your specific matter.
