Florida Assault & Battery Charges
In Florida, assault (§ 784.011) is an intentional threat plus apparent ability that creates a well-founded fear of imminent violence — no contact required — and is a second-degree misdemeanor. Battery (§ 784.03) is actually touching or striking someone against their will, a first-degree misdemeanor. Aggravated assault (§ 784.021) with a deadly weapon is a third-degree felony, and aggravated battery (§ 784.045) is a second-degree felony.
By Find Local Law Editorial Team · Last reviewed: May 26, 2026
Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.
This is general information, not legal advice, and these offense grades and penalties can be amended — confirm the current law against the statutes and talk to a Florida attorney.
In Florida, assault and battery are two different crimes, and the difference comes down to contact.
Assault — a threat, no contact
Assault (§ 784.011) is an intentional, unlawful threat — by word or act — to do violence, coupled with an apparent ability to do so, that creates a well-founded fear of imminent violence in the other person. No contact is required. Assault is a second-degree misdemeanor.
Battery — unwanted contact
Battery (§ 784.03) is actually and intentionally touching or striking another person against their will, or intentionally causing bodily harm. Battery is a first-degree misdemeanor. Felony battery — where the person has a prior battery conviction — is a third-degree felony.
The aggravated versions
- Aggravated assault (§ 784.021) is an assault committed with a deadly weapon or with intent to commit a felony — a third-degree felony.
- Aggravated battery (§ 784.045) is a battery that causes great bodily harm, is committed with a deadly weapon, or is against a knowingly pregnant victim — a second-degree felony.
The line between a misdemeanor and a felony here often turns on facts like whether a weapon was involved or the extent of any injury.
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Start your free intakeFrequently asked questions
- What's the difference between assault and battery in Florida?
- Assault (§ 784.011) is a threat plus apparent ability that creates a well-founded fear of imminent violence — no contact required, a second-degree misdemeanor. Battery (§ 784.03) is actually or intentionally touching or striking someone against their will, a first-degree misdemeanor.
- When does battery become a felony in Florida?
- Felony battery (a third-degree felony) applies when the person has a prior battery conviction (§ 784.03). Aggravated battery — causing great bodily harm, using a deadly weapon, or against a knowingly pregnant victim — is a second-degree felony (§ 784.045).
- What is aggravated assault in Florida?
- Aggravated assault (§ 784.021) is an assault committed with a deadly weapon or with intent to commit a felony. It's a third-degree felony.
Sources
Related guides
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