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West Palm Beach Assault & Battery Defense Lawyer
An assault or battery charge can arise from an argument, misunderstanding, accusation, or confrontation that escalates quickly. And once law enforcement becomes involved, what may have started as a heated moment can suddenly have serious consequences.
In Florida, assault and battery are separate offenses. Assault generally involves an intentional threat that causes another person to fear imminent violence, while battery involves actually touching or striking another person against their will or intentionally causing bodily harm.
If you have been arrested or accused of assault or battery in Palm Beach County, it is important to understand the charge against you, the potential consequences, and the defenses that may be available. Rabideau Law provides experienced, personal criminal defense representation to help you understand what comes next and protect your rights.
What Is the Difference Between Assault and Battery in Florida?
Although assault and battery are often discussed together, they are separate offenses under Florida law. Assault generally involves a threat of imminent violence, while battery involves intentional, unwanted physical contact or intentionally causing bodily harm.
What Is Considered Battery in Florida?
Simple (Misdemeanor) Battery – Florida Statute § 784.03(1)(a)
Battery occurs when a person:
- Touching or Striking: Actually and intentionally touches or strikes another person against their will, or
- Bodily Harm: Intentionally causes bodily harm to another person.
- Intent is required, but only to make contact—not necessarily to cause injury.
- No actual injury is necessary; even a single non-consensual touch can qualify.
Penalty: First-degree misdemeanor — punishable by up to 1 year in jail or 12 months probation, and up to a $1,000 fine.
Felony Battery – Florida Statute § 784.041
This charge applies when the battery:
- Is committed intentionally (touching or striking), and
- Causes great bodily harm, permanent disability, or permanent disfigurement.
Penalty: Third-degree felony — punishable by up to 5 years in prison and a $5,000 fine.
Aggravated Battery – Florida Statute § 784.045
- Aggravated battery occurs when:
- The offender intentionally or knowingly causes great bodily harm, permanent disability, or disfigurement, or
- Uses a deadly weapon, or
- Commits battery against a pregnant person, knowing or having reason to know they are pregnant.
Repeat Offenses & Special Cases
• A second or subsequent battery can become a third-degree felony if there is a qualifying prior conviction for battery, aggravated battery, felony battery, or resisting an officer with violence.
• If battery is committed in furtherance of a riot or aggravated riot, it is also a third-degree felony.
• If battery is committed in furtherance of a riot or aggravated riot, it is also a third-degree felony.
What is Assault in Florida? – Florida Statute §784.011
Under Florida law, assault occurs when a person intentionally and unlawfully threatens, by word or act, to do violence to another person, appears able to carry out the threat, and creates a well-founded fear that violence is imminent.
- Simple Assault: Second-degree misdemeanor — punishable by up to 60 days in jail and a $500 fine.
- Aggravated Assault: Third-degree felony — punishable by up to 5 years in prison and a $5,000 fine.
Assault & Battery on a Law Enforcement Officer
Assault on a Law Enforcement Officer in Florida – Florida Statute § 784.07(2)(a)
A simple assault can be reclassified when a person knowingly commits the offense against a law enforcement officer who is performing official duties.
Penalty: First-degree misdemeanor — punishable by up to 1 year in jail and a $1,000 fine.
Aggravated Assault on a Law Enforcement Officer in Florida – Florida Statute §784.07(2)(c)
Aggravated assault against a law enforcement officer involves an assault with a deadly weapon without intent to kill, or with an intent to commit a felony, when the officer is performing official duties.
Penalty: Second-degree felony — punishable by up to 15 years in prison, with a mandatory minimum sentence of 3 years.
Battery on a Law Enforcement Officer in Florida – Florida Statute § 784.07(2)(b)
A simple battery can be reclassified when a person knowingly commits the offense against a law enforcement officer who is performing official duties.
Penalty: Third-degree felony — punishable by up to 5 years in prison and a $5,000 fine.
Aggravated Battery on a Law Enforcement Officer in Florida – Florida Statute § 784.07(2)(d)
Aggravated battery against a law enforcement officer can include intentionally or knowingly causing great bodily harm, permanent disability, or permanent disfigurement, or using a deadly weapon, while the officer is performing official duties.
Penalty: First-degree felony — punishable by up to 30 years in prison, with a mandatory minimum sentence of 5 years.
Facing an Assault or Battery Charge in West Palm Beach?
An assault or battery charge can affect your freedom, your record, your career, and your family. Getting experienced legal guidance early can make a meaningful difference in how your case is handled.
Michael T. Rabideau has represented people facing criminal charges in Palm Beach County for more than 27 years. He will take the time to understand what happened, explain your options, and build a defense based on the facts of your case.
At Rabideau Law, you are not just another case number. We understand that being arrested or accused of a crime can be overwhelming, and our family is here to help yours through what comes next.
Call Rabideau Law at (561) 820-4848 to schedule a free consultation.
At Rabideau Law, criminal defense is personal. Michael and Sarah Rabideau bring decades of experience and a hands-on approach to every case. We take the time to listen, explain what comes next, and make sure our clients know they have someone in their corner.