Many times, when we talk about “assault” and “battery” in the criminal law world, the terms can be confused, when in reality they are two completely different crimes. Each one has its elements and consequences, and it’s very important to identify and differentiate them for anyone who might be facing charges or simply wants to understand the law better.

Discover how to distinguish between assault and battery in Miami and their consequences.

Assault

Assault is an intentional and unlawful crime, whether by word or act, that causes violence towards another person, with the full intent to do so and generating in them a well-founded fear that confirms that the violence is imminent. Essentially, assault is the threat of harm.

Key elements of assault include:

1. The harm caused by the threat must be intentional.
2. The threat must be so serious and real enough that it causes the person to fear being harmed.
3. The person making the threat must appear capable of carrying it out.

It is important to highlight that physical contact is not required for an assault charge. Simply making someone feel terrorized by the possibility of being harmed is sufficient.

Battery

On the other hand, battery always involve actual physical contact. Florida law defines battery as intentionally touching or striking another person against their will, as well as intentionally causing bodily harm to another person.

Key elements of battery include:

1. The contact is intentional, never accidental.
2. The contact with the victim is never with their consent or wanted.
3. Although battery always involves physical harm, even an unwanted touch can be considered battery if it meets the other elements.

Battery and Assault Cases in Miami 

Unfortunately, in Miami with its vast population of residents and tourists, events of assault and battery are fairly commonplace. These cases range from disputes between neighbors that escalated into physical altercations to confrontations in public spaces like sporting events and areas like Miami Beach. These incidents show how quickly ordinary situations can spiral into serious legal issues, affecting the lives of those involved.

Miami Beach Police investigated a sexual battery that occurred on the beach walk between 23rd and 24th streets. The victim, a woman rollerblading, was attacked from behind, choked, and assaulted in nearby shrubs. 

In response to a recent sexual assault on Miami Beach’s Beachwalk, the local skate community held a “Take Back the Boardwalk” rally and solidarity skate at 24th Street. Participants wrote messages in chalk at the crime scene, calling for greater safety measures. The attack occurred on July 16, when a woman was assaulted while rollerblading. The suspect was later arrested. 

In another high-profile case, Colombian Soccer President, Ramón Jesurún, was arrested on battery charges on an official or employee following the chaos at the Copa América Final. It is alleged that Jesurún, along with Ramón Jamil Jesurún, was involved in an altercation with several security guards.

Assault and Battery Criminal Defense in Miami

When facing criminal charges such as these, it’s crucial to work with an assault and battery defense lawyer who understands the nuances of local laws and the defense strategies available. A solid defense strategy might include challenging the intent behind the actions, questioning the credibility of witnesses, or proving self-defense. It’s also essential to consider how local judges and juries may interpret evidence and testimonies, which can vary significantly from one case to another. 

For example, domestic violence assault charges have serious implications. A conviction for domestic assault charges can drastically limit your freedoms and alter your life in significant ways. Even if you manage to avoid a criminal conviction, you might still face the imposition of a restraining order. This can prevent you from returning to your home, even temporarily, to collect your belongings, and may restrict your ability to see your children or communicate with your spouse or partner. Something as simple as a text message could lead to further legal trouble. Violating a protective order is a serious matter and can result in additional misdemeanor charges, further complicating your legal situation.

Penalties for Assault and Battery in Florida

• Simple Assault: Generally classified as a second-degree misdemeanor, punishable by up to 60 days in jail and a fine of up to $500.
• Aggravated Assault: If a deadly weapon is used or the intent is to commit a felony, it becomes a third-degree felony, punishable by up to 5 years in prison and a fine of up to $5,000.
• Simple Battery: Typically a first-degree misdemeanor, carrying penalties of up to 1 year in jail and a fine of up to $1,000.
• Aggravated Battery: If the battery causes significant injury or involves the use of a deadly weapon, it can be charged as a second-degree felony, with penalties of up to 15 years in prison and fines up to $10,000.

It is very important that we learn to differentiate the elements that represent each crime; it is not something we should take lightly since both are significant crimes with substantial weight, whether for general knowledge or for anyone facing such criminal charges.

Being convicted of a crime is not necessarily the end of the road for you. If your rights were violated at any point during the process that led to your conviction, it may be possible to modify or correct your sentence or file an appeal or collateral attack to overturn the conviction. However, it is important to note that time is normally of the essence in these matters, and the client should not delay in seeking legal advice.

Attorney Russell Spatz has more than 40 years of experience assisting clients through post-conviction procedures. He believes strongly in upholding your rights and will do everything in his power to protect your best interests. To meet with lawyer Russell Spatz to discuss your criminal matter, please call the Spatz Law Firm, PL, at 305-442-0200 or click here to contact us.