Orlando Assault Battery Lawyer | The Wiseman Law Firm
Legally Reviewed by Simon Wiseman on June 11, 2026
Defense to Assault and Battery Charges in Florida
Assault is when an individual threatens or engages in an action that places another individual in fear of harm or injury. Battery involves actual physical contact, such as striking or touching with the intent to cause bodily harm. Assault/battery confrontations can range from a fist fight to an ordeal involving a deadly weapon. Depending on the details of your charges, you may be facing steep penalties that can negatively affect your future.
Our legal team works diligently to assist clients throughout the legal process, ensuring their rights are protected and their cases are handled with care.
At The Wiseman Law Firm, we have over 24 years of experience defending clients against criminal charges. Attorney Simon Wiseman is a former Florida prosecutor who has an insider’s perspective on the criminal court systems and how to defend complex charges. We are committed to assist clients facing assault and battery charges by providing dedicated support and guidance. Talk to our Orlando assault and battery attorney to learn more about our strategic, results-focused defenses.
We can defend against a wide range of assault/battery charges, including:
- Simple assault and battery
- Aggravated assault/battery
- Felony assault/battery
- Assault/battery with a weapon
- Domestic battery
If you are facing charges for assault or battery, start your defense by contacting our Orlando assault and battery lawyer for a free consultation today.
Charged with Battery and Assault?
Many times, people who have been arrested and charged with assault and battery, referred to as the accused, have had momentary episodes of rage, were intoxicated, or were provoked into a fight.
Assault and battery can be charged together, but they are separate offenses in Florida, and related charges such as false imprisonment are sometimes filed alongside them. To be convicted, the state must prove you guilty beyond a reasonable doubt on all elements of the offense.
Assault
An assault does not involve any physical contact. Under Florida Statutes Section 784.011, to satisfy the elements of assault, you need to have committed the following:
- A threat by word or conduct to physically harm someone;
- While having the apparent ability to carry out the threat;
- Which the victim or target of the threat reasonably fears that the violent act is imminent.
You must have been aware that your act would likely result in force though no physical contact is necessary.
Assault is generally charged as a second-degree misdemeanor with a potential sentence of up to 60 days in jail, 6 months’ probation and a fine of $500.
Aggravated Assault
The charge can be upgraded to an aggravated assault under Section 784.021 if you issued your threat while carrying or brandishing a deadly weapon and did not have the intent to kill, or if you intended to commit a felony.
A deadly weapon can be, but is not limited to, a firearm, baseball bat, knife, or a motor vehicle. It is the manner in which the weapon is used that can classify the item as a dangerous weapon.
An aggravated assault is a third-degree felony in Florida, which carries jail time of up to 5 years, 5 years of probation and a $10,000 fine. Convictions for aggravated assault can result in serious penalties that may have a lasting impact on your life.
Battery
Battery is offensive physical contact. To commit battery in Florida under Section 784.03, the following elements must be present:
- The intentional touching or striking of another person;
- Of which the victim or target of the battery did not consent;
- Or, you intentionally caused bodily harm to someone.
The misdemeanor battery charge in Florida does not involve serious bodily harm or use of a deadly weapon. Any offensive or unwanted physical contact with another person could be a battery.
Battery is considered a first-degree misdemeanor in Florida. You face up to one year in jail, 1-year probation and a fine of up to $1,000. If you are a multiple offender then the battery charge can be upgraded to a third-degree felony with possible prison time of up to 5 years, 5-year probation and a $5,000 fine.
Florida also recognizes a separate offense called felony battery under Section 784.041. If a battery causes great bodily harm, permanent disability, or permanent disfigurement, the state can charge it as a third-degree felony even without a weapon and even on a first offense. Prosecutors in Orange County frequently file felony battery when injuries are serious, so the exact wording of the charging document matters a great deal to your defense.
Our firm has extensive experience representing clients in misdemeanor trials involving battery charges, ensuring skilled defense for those facing these allegations.
Aggravated Battery
An aggravated battery charge under Section 784.045 means that you either committed the offense with a deadly weapon or inflicted serious bodily injury on someone. Also, any battery on a pregnant woman whom you knew or should reasonably have known to be pregnant, is aggravated battery.
This is a second-degree felony with jail time of up to 15 years, 15 years’ probation and a fine of $10,000.
Penalties for Assault and Battery in Florida
Penalties for assault and battery charges depend on the circumstances of your charge, your prior record, whether the victim belonged to a special class of victims such as a public official, and other relevant considerations. Charges involving police officers, firefighters, emergency medical providers, persons 65 or older, and certain other protected occupations are reclassified to the next higher offense level under Florida law, which can turn a misdemeanor into a felony.
Consequences of an assault/battery charge:
- Jail
- Probation
- Fines
- Restitution
- Criminal record
Navigating the criminal justice system can be complex, and experienced legal representation is crucial to minimize the impact of these penalties.
What Happens After an Assault or Battery Arrest in Orange County
If you are arrested for assault or battery in Orlando, you will typically be booked at the Orange County Jail and brought before a judge for a first appearance within 24 hours. At first appearance, the judge reviews probable cause, sets bond, and can impose conditions of release. In cases involving an alleged victim, judges commonly enter a no-contact order, which can force you out of your own home if you live with the other person.
After release, the State Attorney for the Ninth Judicial Circuit reviews the arrest and decides what formal charges to file, which may differ from the arrest charge. This filing window is one of the most important stages of the case. An attorney who intervenes early can present evidence, witness statements, and context to the filing prosecutor and may be able to persuade the state to reduce the charge or decline to file altogether. You will then be arraigned, enter a plea, and the case proceeds to discovery, pretrial motions, and either negotiation, diversion, or trial.
How Long Does Florida Have to File Assault or Battery Charges
Florida law limits how long the state has to begin a prosecution. Under Florida Statutes Section 775.15, a second-degree misdemeanor such as simple assault must be charged within 1 year, a first-degree misdemeanor such as simple battery within 2 years, and most felony assault and battery offenses within 3 years. A first-degree felony must be charged within 4 years. These deadlines have exceptions, so never assume a case is closed without legal advice. If you believe you are under investigation, speaking with a defense lawyer before charges are filed gives you the widest range of options.
Understanding Your Rights in Assault and Battery Cases
Being charged with assault or battery can be a stressful and overwhelming experience. At The Wiseman Law Firm, we understand the importance of protecting your rights and providing a strong defense in these types of cases. Our experienced Orlando assault and battery lawyers are here to guide you through the legal process and ensure that you receive fair treatment.
When facing assault and battery charges, it is crucial to understand your rights:
- Presumption of Innocence: You are innocent until proven guilty. The burden of proof lies with the prosecution to establish your guilt beyond a reasonable doubt.
- Right to Legal Representation: You have the right to hire an attorney to represent you throughout the legal proceedings. A skilled defense lawyer can help protect your rights, gather evidence, and build a strong defense strategy.
- Right to Remain Silent: You have the right to remain silent and avoid self-incrimination. It is important to exercise this right and consult with your assault and battery defense attorney before making any statements to law enforcement.
- Right to Due Process: You have the right to a fair and impartial trial. This includes the right to present evidence, cross-examine witnesses, and challenge the prosecution’s case against you.
At The Wiseman Law Firm, we have a proven track record of successfully defending clients against assault and battery charges. Our dedicated legal team will work tirelessly to protect your rights and is committed to achieving a favorable outcome for your case.
Explore Your Defenses in Orlando
Assault and battery are serious criminal offenses that could land you in jail and saddle you with a criminal record that could affect your ability to find employment, get a professional license, obtain housing, or enroll in school. Oftentimes, it is just a lapse in judgment that leads to a battery or assault being committed. Don’t let a lapse in judgment ruin your life. Contact The Wiseman Law Firm immediately. The Wiseman Law Firm is proud to serve clients throughout Central Florida.
There are many defenses available to you that a skilled and knowledgeable Orlando assault and battery attorney can use. By immediately contacting a criminal defense lawyer from The Wiseman Law Firm, you will be protecting your rights and allowing your attorney to more thoroughly explore all your options.
Self-Defense and Stand Your Ground in Florida
Self-defense is the most common defense to assault and battery charges, and Florida’s Stand Your Ground law gives it real procedural teeth. If you were lawfully present and reasonably believed force was necessary to prevent harm to yourself or another person, you had no duty to retreat. Florida law also allows your attorney to request a pretrial immunity hearing, where a judge can dismiss the case entirely before it ever reaches a jury if the defense shows you acted in lawful self-defense. Other defenses include defense of others, defense of property, lack of intent, mutual combat, and false accusations, which are common in disputes between people who know each other.
We can review all the elements of your case during a free initial consultation in person or over the phone. Our Orlando assault and battery attorney has been successful at securing dismissed charges or getting them deferred into a pre-trial diversion program, which allows your charges to be dismissed once you complete the terms of the program.
Frequently Asked Questions About Assault & Battery
What is the difference between assault and battery in Florida?
People often use the terms together, but they are separate crimes. Assault is an intentional threat (by word or act) to do violence to someone else, coupled with the apparent ability to carry out the threat, creating a well-founded fear in the victim. Battery requires actual, physical contact or striking a person against their will. In short, assault is the threat, and battery is the physical act.
Can I be charged with battery if the other person wasn’t injured?
Yes. Under Florida law, you can be charged with battery simply for intentionally touching or striking another person against their will. The alleged victim does not need to suffer bruises, cuts, or any physical injuries for you to face battery charges.
Is assault or battery a misdemeanor or a felony?
Simple assault is a second-degree misdemeanor, and simple battery is a first-degree misdemeanor. However, charges can quickly escalate to felonies. If a deadly weapon was used, if serious bodily harm was inflicted, or if the victim belongs to a protected class (such as a police officer, pregnant woman, or elderly person), you will face Aggravated Assault or Aggravated Battery charges, which carry severe felony penalties and potential mandatory prison time.
What are the common defenses against assault and battery charges?
There are several strong defense strategies depending on the facts of your case. The most common is self-defense, including Florida’s Stand Your Ground law, which can support a pretrial motion to dismiss. Other defenses include defense of others, defense of property, lack of intent, mutual combat, or proving that the allegations made against you are entirely false.
Can charges be dropped if the alleged victim does not want to press charges?
Not automatically. In Florida, the State Attorney, not the alleged victim, decides whether to file or drop assault and battery charges. Prosecutors can and often do proceed even when the other person recants or asks for the case to be dropped. That said, a cooperative alleged victim is a meaningful factor, and an experienced defense attorney can present that, along with the weaknesses in the evidence, to the filing prosecutor to push for a reduction or dismissal.
How much does an assault and battery lawyer cost in Orlando?
Fees vary based on the severity of the charge, whether it is a misdemeanor or felony, and whether the case proceeds to trial. The Wiseman Law Firm offers a free initial consultation, so you can understand your options and the cost of your defense before committing to anything. In many cases, the cost of a strong defense is far less than the long-term cost of a conviction on your record.
Facing assault and battery charges? To learn more about your defenses, contact us at 407-420-4647.
