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West Palm Beach Assault & Battery Defense Lawyer
A West Palm Beach assault and battery lawyer defends people accused of threatening or striking another person under Florida law. Michael T. Rabideau has practiced criminal defense in Florida since 1999 and is admitted to all Florida state courts. These charges often start with an argument that escalated quickly. Once police are called, a heated moment can become a criminal case. Some charges are misdemeanors. Others are felonies with prison time. Here is how Florida defines each offense, what the penalties are, and how we build a defense.
What Is the Difference Between Assault and Battery in Florida?
Assault and battery are separate crimes. Under section 784.011, assault is an intentional, unlawful threat to do violence, made by word or act. The person must appear able to carry it out, and the threat must create a well-founded fear of imminent violence. Under section 784.03, battery means intentionally touching or striking someone against their will, or intentionally causing bodily harm. No injury is needed for a battery charge. A single unwanted touch can qualify.
Assault and Battery Charges and Penalties
| Charge | Statute | Classification | Maximum penalty |
|---|---|---|---|
| Simple assault | 784.011 | Second-degree misdemeanor | 60 days, $500 |
| Simple battery | 784.03 | First-degree misdemeanor | 1 year, $1,000 |
| Aggravated assault (deadly weapon or intent to commit a felony) | 784.021 | Third-degree felony | 5 years, $5,000 |
| Felony battery (great bodily harm), or battery with a qualifying prior | 784.041, 784.03(2) | Third-degree felony | 5 years, $5,000 |
| Aggravated battery (great bodily harm, deadly weapon or pregnant victim) | 784.045 | Second-degree felony | 15 years, $10,000 |
Maximums are set by section 775.082 and section 775.083.
Assault or Battery on a Law Enforcement Officer
Under section 784.07, each charge moves up one level when the alleged victim is an on-duty officer, firefighter or other listed worker. Assault becomes a first-degree misdemeanor. Battery becomes a third-degree felony. Aggravated assault becomes a second-degree felony with a 3-year minimum prison term. Aggravated battery becomes a first-degree felony with a 5-year minimum. These cases often turn on body camera video and whether the person knew the victim was an officer.
Defenses an Assault and Battery Attorney Will Look At
- Self-defense or defense of others. Florida law can grant immunity from prosecution when force was justified.
- No intent. An accidental touch is not a battery.
- No well-founded fear, which is required for an assault charge.
- False or exaggerated accusations, often in disputes between family members or partners.
- No deadly weapon, or an object that does not meet the legal definition, which can reduce an aggravated charge.
- Inconsistent witness statements or video that contradicts the report.
In a self-defense immunity hearing, the State must overcome the claim by clear and convincing evidence. That hearing happens before trial and can end the case.
West Palm Beach Assault and Battery Lawyer Serving Palm Beach County
Misdemeanor cases are heard in county court and felonies in circuit court, both part of the 15th Judicial Circuit. Michael Rabideau represents clients across the county, including Wellington, Boca Raton, Jupiter, Lake Worth Beach and Delray Beach. Battery between partners or family members is charged as domestic violence. We also defend resisting arrest, gun charges, stalking and other felony cases. See all criminal defense services.
Frequently Asked Questions
Can a battery charge be dropped if the other person doesn’t want to press charges?
Not automatically. The State Attorney decides whether to prosecute, not the alleged victim. Their wishes can still affect how the case is resolved. A lawyer can present that information the right way.
Is battery a felony in Florida?
Simple battery is a misdemeanor. It becomes a felony if it causes great bodily harm or if you have a qualifying prior battery conviction. Battery on a police officer is also a felony.
Can I use Stand Your Ground for a battery charge in Palm Beach County?
Yes, if the facts support self-defense. Florida’s immunity law applies to justified use of force. Your lawyer can ask for a pretrial immunity hearing. If the judge grants immunity, the charge is dismissed.
Charged With Assault or Battery? Talk to Michael Rabideau
An assault or battery charge can affect your freedom, your record and your career. A West Palm Beach assault and battery lawyer can review the video and witness statements before they are lost. Michael Rabideau will look at what really happened, explain your options and tell you honestly where you stand. Consultations are free and confidential.
Call (561) 820-4848 or schedule a free consultation. Affordable payment plans are available, with offices in West Palm Beach, Wellington, and Boca Raton.
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.