Assault and Battery Defense in Florida

Assault and Battery Defense in Tallahassee and Throughout Florida

Assault and battery are some of the most common violent charges filed in Tallahassee and throughout North Florida. A single argument, bar fight, domestic dispute, or misunderstanding can lead to an arrest, a no-contact order, and serious criminal penalties.


At The Law Offices of Anabelle Dias, P.A., we defend people accused of assault and battery at every level—from simple misdemeanor charges to serious felonies involving weapons or significant injury. An arrest is not a conviction, and you are presumed innocent unless and until the State proves its case in court.

Types of Assault and Battery Charges

Florida separates “assault” (threats) from “battery” (touching), with more serious penalties when weapons or serious injury are involved.

  • Simple Assault (§ 784.011) — Alleged threat by word or act that creates a well-founded fear of violence, without physical contact. A second-degree misdemeanor, punishable by up to 60 days in jail and a fine.
  • Simple Battery (§ 784.03) — Alleged unwanted touching or striking of another person. A first-degree misdemeanor, punishable by up to one year in jail and a fine.
  • Aggravated Assault (§ 784.021) — Assault with a deadly weapon or with intent to commit a felony. A third-degree felony, punishable by up to five years in prison.
  • Aggravated Battery (§ 784.045) — Battery causing great bodily harm, permanent disability or disfigurement, or involving a deadly weapon, or committed against certain specially protected victims. A second-degree felony, punishable by up to fifteen years in prison.


Depending on the facts, additional enhancements can apply—for example, allegations involving law enforcement, alleged domestic partners, or use of firearms.


Enhanced Penalties for Specific Victims

Florida imposes elevated charges when the alleged victim falls into a specially protected category:

  • Law enforcement, firefighters, and EMTs (§ 784.07): Battery on a law enforcement officer or other specified public official while performing official duties is a third-degree felony, even if the battery would otherwise be a misdemeanor.
  • Persons 65 or older (§ 784.08): Battery on a person 65 or older is a third-degree felony. Aggravated battery on an elderly person is a first-degree felony, carrying up to 30 years in prison.
  • School personnel (§ 784.081): Assault or battery on elected school officials or school employees is subject to enhanced penalties.


Potential Consequences

Even a first-offense misdemeanor battery can have consequences that go far beyond a short jail sentence or probation. A conviction can:

  • Appear on background checks for employment, housing, and licensing
  • Result in no-contact orders that affect your ability to return home or see family
  • Lead to loss of firearm rights in some cases
  • Be used against you in civil lawsuits or future criminal prosecutions
  • Trigger immigration consequences for non-citizens


Felony assault and battery convictions carry the possibility of years in prison, long probation terms, and substantial fines.


In cases involving domestic relationships, assault or battery charges may also trigger domestic violence designations, which carry additional restrictions and consequences. (See our Domestic Violence page for more information.)


Defense Strategies

The facts of every case are different, and the best defense depends on the specific circumstances. Common strategies include:

  • Self-defense / Stand Your Ground (§ 776.012): Florida law permits the use of non-deadly force in self-defense when a person reasonably believes it is necessary to defend against the imminent use of unlawful force. In some situations involving deadly force, the Stand Your Ground statute may provide immunity from prosecution if the person reasonably believed they were in danger of death or great bodily harm. Whether Stand Your Ground applies is highly fact-specific and often contested; we carefully analyze video, injuries, prior threats, and witness statements before raising it.
  • Defense of others: Florida law permits the use of reasonable force to defend another person from the imminent use of unlawful force. Evidence that you were protecting a child, partner, or stranger can significantly change how the case is viewed.
  • Lack of intent: Accidental contact or contact that was not intentional may not satisfy the elements of battery. The State must prove that the touching was intentional and against the other person’s will.
  • Mutual combat / consent: In some situations, evidence may show that both parties were willing participants in a fight. This can affect the State’s ability to prove that you were the aggressor or that a crime occurred at all.
  • False accusation: Assault and battery allegations sometimes arise from personal disputes, custody battles, or situations where the accuser has a motive to fabricate or exaggerate. We obtain and review messages, social media posts, prior reports, and other records that may show bias, motive, or inconsistency.
  • Challenging “deadly weapon” or injury enhancements: In aggravated assault and aggravated battery cases, the definition of “deadly weapon,” whether serious injury actually occurred, or whether the alleged victim is in a specially protected class can all be subject to legal challenge.

What to Do if You’ve Been Charged

If you have been arrested or charged with assault or battery in Florida, the steps you take now can have a major impact on your case. In general:

  • Do not make statements to law enforcement beyond providing basic identifying information.
  • Do not contact the alleged victim, especially if a no-contact order is in place.
  • Do not post about the incident or anyone involved on social media.
  • Save any photos, videos, text messages, or names of witnesses that may support your side of the story.
  • Write down your recollection of what happened as soon as possible while details are fresh.


Contact The Law Offices of Anabelle Dias, P.A. for a confidential consultation. We will review the evidence, evaluate every available defense, and work to protect your rights, your record, and your future.

Disclaimer: The information on this page is provided for general informational purposes only and is not legal advice. You should not act or refrain from acting based on anything you read here without first consulting with a licensed attorney about your specific facts and circumstances. Viewing this website, using the contact forms, sending a text message, calling our office, or communicating with The Law Offices of Anabelle Dias, P.A. through this site does not create an attorney–client relationship. An attorney–client relationship is only formed after you speak directly with an attorney at our office and we both sign a written engagement agreement. Any references to past results, testimonials, or case outcomes are provided for informational purposes only and are not a guarantee, prediction, or promise of any particular result. Every case is different and must be evaluated on its own facts, evidence, and applicable law.