Assault and Battery

Being charged with assault or battery in Florida is a serious matter that can carry lasting consequences, including jail time, probation, fines, injunctions, firearm restrictions, and a permanent criminal record. Even a misdemeanor conviction can impact employment opportunities, professional licenses, housing applications, and future educational opportunities.

At Coplan-Gardner & Gardner, P.A., Darin Gardner provides strategic and aggressive criminal defense representation for clients facing assault and battery allegations throughout Northeast Florida. With prior experience as a prosecutor in the Fourth Judicial Circuit, he understands how these cases are investigated, charged, and prosecuted — and how to build an effective defense.

Assault Charges in Florida

Under Florida law, assault occurs when a person intentionally and unlawfully threatens, by word or act, to commit violence against another person, while appearing to have the ability to carry out the threat, and the alleged victim has a well-founded fear that violence is imminent.

Importantly, physical contact is not required for an assault charge. A verbal threat combined with aggressive behavior or actions may be enough for law enforcement to make an arrest.

Simple assault is generally charged as a second-degree misdemeanor in Florida. However, the charge may be enhanced in situations involving:

• Law enforcement officers
• Firefighters or emergency personnel
• School employees
• Elderly individuals
• Public transit workers
• Other protected classes under Florida law

Aggravated assault, including allegations involving a deadly weapon, is a felony offense that can carry substantial prison exposure and other severe penalties.

Battery Charges in Florida

Battery involves actual physical contact. Under Florida law, a person may be charged with battery if they intentionally touch or strike another person against that person’s will or intentionally cause bodily harm.

Many people are surprised to learn that even minor physical contact during an argument — including pushing, grabbing, or shoving — may result in criminal battery charges.

Depending on the circumstances, battery may be charged as either a misdemeanor or felony offense. Factors that can increase the severity of the charge include:

• Allegations of serious bodily injury
• Prior battery convictions
• Domestic relationship allegations
• Use of a weapon
• Alleged violence against protected individuals

Felony offenses such as aggravated battery or battery involving a firearm can carry lengthy prison sentences and significant long-term consequences.

Self-Defense and Stand Your Ground

Florida law recognizes the right to defend yourself and others in certain situations. In some cases, self-defense or Florida’s Stand Your Ground law may provide a complete defense to assault or battery allegations.

Depending on the facts of the case, defenses may include:

• Self-defense
• Defense of another person
• Lack of intent
• False accusations
• Mutual combat
• Insufficient evidence
• Misidentification

Every case is different, and early involvement from an experienced criminal defense attorney can be critical in preserving evidence, interviewing witnesses, and protecting your rights.

Experienced Criminal Defense Representation

If you are under investigation or have been arrested for assault or battery in Florida, it is important to seek legal counsel as early as possible. Statements made to law enforcement can later be used against you, even before formal charges are filed.

At Coplan-Gardner & Gardner, P.A., we provide experienced criminal defense representation tailored to the specific facts of each case. We offer free consultations for criminal defense matters and proudly provide preferred discounts for active military members, law enforcement, firefighters, first responders, and educators.

Contact our office today to discuss your case and learn how we can help protect your rights and your future.