criminal defense

Assault and Battery Defense in West Palm Beach

Assault and battery charges in Florida range from misdemeanors to serious felonies, and the line between them is thin. A heated argument, a bar fight, or a physical altercation that gets out of hand can result in criminal charges that carry jail time, a permanent record, and consequences that follow you long after the case is resolved.

If you have been charged with assault or battery in South Florida, call Jeacoma Law today for a confidential consultation.

24/7

Emergency line

Free

Consultation

500+

Criminal Cases Defended

Free Assault & Battery Consultation

Confidential · No obligation · Fast response

Assault & Battery Defense

Self-Defense Issues

Witness & Injury Evidence

Assault and Battery Are Two Different Offenses

Florida law treats assault and battery as distinct charges, and understanding the difference matters for your defense.

Assault under § 784.011, Fla. Stat., does not require physical contact. It is an intentional, unlawful threat, by word or act, to commit violence against another person, coupled with an apparent ability to carry it out, that creates a well-founded fear in the other person that violence is imminent. Simple assault is a second-degree misdemeanor, punishable by up to 60 days in jail and a $500 fine.

Battery under § 784.03, Fla. Stat., requires actual physical contact. A person commits battery when they actually and intentionally touch or strike another person against their will, or intentionally cause bodily harm. Simple battery is a first-degree misdemeanor, punishable by up to one year in jail and a $1,000 fine. A second or subsequent battery, where the defendant has a prior conviction for battery, aggravated battery, felony battery, or, as of July 1, 2026, resisting an officer with violence, is a third-degree felony punishable by up to five years in prison.

Circumstances That Elevate Assault and Battery Charges

Both assault and battery can be elevated to more serious charges based on how the offense was committed, and the penalties increase sharply.

Aggravated assault (§ 784.021): An assault committed with a deadly weapon without intent to kill, or with intent to commit a felony. A third-degree felony punishable by up to five years in prison and a $5,000 fine.
Felony battery (§ 784.041): A battery that causes great bodily harm, permanent disability, or permanent disfigurement. A third-degree felony punishable by up to five years in prison and a $5,000 fine.
Battery by strangulation (§ 784.031): Knowingly and intentionally impeding another person’s normal breathing or circulation by applying pressure to the throat or neck or by blocking the nose or mouth, thereby creating a risk of or causing great bodily harm. A third-degree felony punishable by up to five years in prison and a $5,000 fine.
Aggravated battery (§ 784.045): A battery in which the person intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; uses a deadly weapon; or batters a person they knew or should have known was pregnant. A second-degree felony punishable by up to fifteen years in prison and a $10,000 fine.

Enhanced Penalties for Certain Victims

Florida law reclassifies assault and battery offenses to a higher degree based on who the victim is.

Law enforcement and emergency personnel (§ 784.07): Knowingly committing an assault or battery on a law enforcement officer, firefighter, emergency medical care provider, or other specified personnel while they are performing their duties moves the charge up one degree. Simple assault becomes a first-degree misdemeanor, simple battery becomes a third-degree felony, aggravated assault becomes a second-degree felony, and aggravated battery becomes a first-degree felony. Aggravated assault on a law enforcement officer carries a three-year minimum prison sentence, and as of July 1, 2026, aggravated battery on a law enforcement officer carries a five-year minimum.
Persons 65 or older (§ 784.08): Assault, battery, aggravated assault, and aggravated battery on a person 65 or older are each reclassified one degree higher, whether or not the defendant knew the victim’s age. Simple assault and simple battery carry no mandatory minimum under this section. Aggravated assault and aggravated battery are different: a conviction for either against a person 65 or older carries a three-year minimum prison sentence, restitution, and up to 500 hours of community service.

For officers and emergency personnel, the State must prove you knew who they were and that they were lawfully performing their duties. Both are frequently contested.

Service Areas

Common Defenses

Self-defense is the most common defense in assault and battery cases. Florida law permits you to use force against another person when you reasonably believe it is necessary to defend yourself or someone else from that person’s imminent unlawful force. Deadly force is justified only when you reasonably believe it is necessary to prevent imminent death or great bodily harm, or to prevent a forcible felony. There is no duty to retreat before using non-deadly force, and no duty to retreat before using deadly force if you are not engaged in criminal activity and are in a place where you have a right to be.

Florida also provides immunity from prosecution for lawful self-defense. Once a prima facie claim is raised at a pretrial hearing, the State must prove by clear and convincing evidence that the use of force was not justified, or the case must be dismissed. A case dismissed on self-defense grounds can also be expunged. Immunity is generally not available to someone who started the confrontation.

Defense of others follows the same framework. If you used force to protect another person from imminent harm, it is a legitimate defense.

Consent may apply in limited circumstances where both parties voluntarily engaged in physical contact, such as in a sporting context.

Lack of intent is relevant where the contact was accidental rather than intentional. Battery requires intentional touching or striking. An accidental collision or unintentional contact does not meet the statutory definition.

Misidentification arises when the wrong person is charged, particularly amid chaotic situations involving multiple individuals.

Insufficient evidence applies when the State cannot prove the elements of the offense beyond a reasonable doubt.

Talk to an Assault and Battery Defense Attorney

These charges move quickly, and early decisions can shape the outcome. An attorney who gets involved before charges are formally filed, or immediately after an arrest, is best positioned to protect your rights and shape how the case develops.

Andrew Jeacoma is a former Palm Beach County assistant public defender who tries cases, and he handles every matter personally. Call (561) 603-2203 for a confidential consultation. Serving clients throughout South Florida, including Palm Beach, Martin, and St. Lucie counties.

What a Conviction Can Cost You

Beyond jail time and fines, an assault or battery conviction carries collateral consequences. It appears on background checks and can affect professional licensing. If the alleged victim was a spouse, co-parent, or partner you lived with, a battery conviction can also trigger the federal firearm prohibition.

Some of these charges can never be sealed or expunged in Florida, even with a withhold of adjudication. Aggravated assault, aggravated battery, felony battery, battery by strangulation, and any assault or battery charged as domestic violence are among them. For those charges, the case outcome is the only protection for your record.

Your Assault or Battery Case Can't Wait.

Call before the next hearing, not after. The consultation is free and confidential.