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There are several scenarios where instances of aggression may be viewed as a crime, even if these instances involve no actual physical contact. Imagine someone trying to throw a punch at someone and missing. Or a spouse getting angry during an argument and throwing something over someone’s head. These instances could all be seen as attempted battery. Even though no actual contact was made in any of these instances, it’s important to remember that Florida law handles attempted battery differently than the term implies.
Attempted battery is taken very seriously in the state of Florida, which could result in someone facing severe charges, even if they didn’t actually contact anyone. In this article, we’ll explain what attempted battery really means and why it’s usually charged as assault in the state of Florida, not as a separate “attempted battery” charge. We’ll also explain how to find the best possible defense lawyer if you’re going to court for an attempted battery charge.
In the state of Florida, “attempted battery” is legally defined as when someone intends to commit battery but misses or fails to make contact. Examples of such actions include:
Just taking the physical step of intending to hit someone is viewed as attempted battery in Florida and is treated legally as if it were assault. Even if there’s no physical contact from the act, the intention of trying to commit battery is seen as a form of assault.
There’s a common misconception that Florida does not have a standalone “attempted battery” statute. The fact is that attempted battery is prosecuted as assault under the state’s statutory definition of assault (F.S. 784.011). Incidents involving intent to cause contact without an actual touch are treated as criminal offenses under Florida’s general attempt statute (F.S. 777.04).
Since the legal definition of battery requires actual physical contact or touching, an incident of attempted battery where contact is not made will not legally be charged as battery. However, attempted battery does meet the legal definition of assault in the state of Florida.
According to Florida’s legal statutes, assault is “an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that violence is imminent.” The act of trying to strike someone, even if you miss, creates a well-founded fear. That is why attempted battery is treated and charged as assault.
Florida Statute 784.011 is the legal definition of assault in the state. This statute requires an intentional threat by either word or act that creates a reasonable fear of imminent violence. Even if there’s no physical violence, the act of swinging or lunging does meet the legal definition of assault.
Florida Statute 784.03 is the state’s legal definition for battery. This statute requires actual intentional physical contact for an act to legally be considered battery. That’s why a swing or a throw that misses its intended target is not considered to be battery.
Florida’s legal statutes clearly state that you can be charged with attempted battery even if you never made contact with an intended target. The intentional threat of violence is enough to meet the definition of assault and be charged with attempted battery because it creates a well-founded fear.
Section 777.04 of the Florida Statutes is known as Florida’s general “attempt” statute. This statute says that any uncompleted attempt to commit an offense prohibited by law can be criminalized when it is accompanied by an overt act. In cases like these, the prosecution must prove the defendant had clear intent to commit the attempted offense.
The proof comes from an overt act, such as throwing a punch or swinging a weapon. The penalty for violating this statute is typically less severe than a completed act where a victim is hit; however, the penalties for a general attempt are still severe.
The legal difference between assault and battery simply involves whether or not actual physical contact was made. To be charged with battery, your intentional act will have to actually result in contact. By legal definition, you could be charged with assault instead of battery if your threat or attempt creates a well-founded fear of physical harm or danger. Examples of situations that may lead to assault charges include:
There are different penalties applied to assault charges in Florida, depending on the severity of the situation. The two most common penalties in these situations are
Simple assault is a second-degree misdemeanor that features penalties of jail time up to 60 days, probation up to six months, and fines up to $500.
Aggravated assault is charged when a deadly weapon is used in the incident, even if it’s used without the intent to kill. This is a third-degree felony that features penalties of prison time up to five years, probation up to five years, and fines up to $5,000.
There’s also a first-degree misdemeanor for assault, which is a charge of assault in furtherance of a riot. That carries penalties of jail time up to one year and fines up to $1,000.
Your penalties may increase if the assault victim is a protected public servant, such as a police officer or firefighter.
If you’ve been charged with assault, the prosecution will have to prove you had an intent to harm, even if no contact occurred. Your representation can provide a legal defense to show a lack of intent and no well-founded fear, as well as insufficient evidence from the prosecution.
Your defense attorney will try to show that there was no specific intent to cause harm. There must be proof of a threat or an attempt to instill fear. Your attorney can argue that your gesture was accidental, or that your verbal threat was not imminent because you’re physically unable to carry out the threat.
A reasonable fear standard needs to be met in order for an assault charge to stick. The alleged victim would have felt immediate danger for an assault charge to meet this reasonable fear standard. Your defense can try to prove that this fear was unfounded or irrational.
Misunderstandings happen, which can lead to false claims of assault. These claims can also be exaggerated, especially in cases where there is some kind of dispute like a divorce or custody battle. Insufficient evidence is another common defense, especially if there are no physical injuries or medical records that confirm an assault has taken place.
Since you can be charged with assault after an incident with no contact, you need to take necessary steps to collect details and save evidence that shows you did not intend to cause fear or harm. You should remember that you have the right to remain silent and that it’s not a great idea to tell your side of the story to police without a lawyer present.
Reach out to a criminal defense attorney who will speak on your behalf and defend your rights from an assault charge. You should also make sure to avoid contact with the victim of the alleged assault, as this could be seen as a no-contact order violation or witness tampering.
Take action to defend your rights if you’ve been charged with assault or attempted battery in the state of Florida. Bruce H. Denson P.A. is the perfect choice for criminal defense in St. Petersburg, FL, and throughout Pinellas County. The team at The Denson Firm brings skilled criminal defense expertise to your case, helping to craft the perfect defense to fight an assault charge. We welcome the opportunity to speak with you about the accusation against you and the ideal legal strategy to prove your innocence.
Contact Bruce H. Denson P.A. today for a free consultation about your attempted battery case and begin crafting your defense.
Yes. According to Florida Statute 777.04, attempted battery is a lesser offense than a completed battery and is generally categorized as a second-degree misdemeanor.
The difference is the intent of the person who committed the crime. The state of Florida recognizes assault as an intentional verbal or physical threat to do violence to another person, producing a reasonable fear of physical harm. In order for an act to be classified as attempted battery instead, the defendant would have to actively try to strike the victim, even if they fail to do so. If the intent is to throw a punch or hit someone with a weapon, it is considered attempted battery.
According to Florida Statute 777.04, attempted battery results in less jail time than a completed battery. Attempted battery is a second-degree misdemeanor, carrying a maximum penalty of up to 60 days in jail.
Attempted battery is defined as an intentional threat to do violence to another human being. To be classified as an act of “attempted battery,” there needs to be a reasonable apparent ability to do violence, as well as an overt act that creates a well-founded fear of imminent violence.
Under Florida law, battery is worse than assault. Battery involves the actual physical act of contacting or striking someone. As a result of this physical contact, battery brings with it harsher penalties than assault.
A standard battery charge is actually a first-degree misdemeanor, not a felony. An elevated aggravated battery charge is classified as a first-degree felony. These are battery cases involving the targeting of protected victims like first responders or senior citizens.
Yes, if you made a direct attempt to commit an act of battery against someone, like trying to strike someone or use a deadly weapon, you can be charged with attempted aggravated battery, even if you don’t make physical contact.
You can still be charged with a crime based on the physical threat or attempted act you committed. A physical injury is not needed for an assault or attempted battery charge.
All that matters legally in an assault or attempted battery case is if there was an attempt to cause harm or produce a well-founded fear of physical danger. Even if you didn’t get near the victim, you could still be charged with a crime.
Yes, you may see a reduction of charges from a felony down to a misdemeanor if there’s no physical contact involved.
You will still need a lawyer by your side when facing a lesser assault charge instead of a battery charge. Even if you’re charged with a misdemeanor, you could still be facing jail time, fines, and probation, as well as long-term consequences like a permanent criminal record that harms your ability to be hired for a job or approved for housing.
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