Assault and battery are proscribed respectively in Florida Statutes § 784.011, and § 784.03. While Assault and battery are commonly used interchangeably, they are actually two separate and distinct offenses. Assault has essentially three elements:
- A threat, by word or action, against another person
- An apparent ability to make good on the threat, and
- An act in furtherance of the threat, such as taking a step toward the victim
It is important to note that with the offense of assault, the threat must be one of immediate harm, or the crime is not complete. For example, the language “Rufus, I’m going to hit you,” could suffice for an assault, while the language “Rufus, I’m going to hit you if you don’t pay me back,” is not sufficient to constitute an assault because the threat is not immediate –it is conditioned upon Rufus not paying someone back.
Assault often leads to battery, and battery is commonly viewed as a completed assault. A battery occurs when someone:
- Actually and intentionally touches or strikes another person against their will
-OR-
- Intentionally causes bodily harm to another person
It is important to note that with the offense of battery, harm is not required. Rufus is guilty of battering Peggy Sue if he merely touches a single strand of hair on her head without her permission, even though Rufus caused no harm to Peggy Sue in touching her. A battery can also occur by touching something that is closely connected to a person, without actually even touching the person, such as snatching an umbrella out of someone’s hand. The second option for battery –intentionally causing great bodily harm, is a catch-all provision which covers creative ways to batter individuals without actually touching them. If Rufus causes any series of events to be set in motion which results in Peggy Sue suffering bodily harm, even though he didn’t actually touch her, he may be liable for battery. A good example for the second option for battery is throwing a rock at someone’s head. Throwing a rock at someone’s head would actually be an aggravated battery, which is a felony. The rock is considered a weapon, which is what makes the battery aggravated. It is also possible for a misdemeanor battery (simple battery) to be charged as a felony if the defendant has a prior battery conviction, or if the battery is committed during the course of a felony.
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