Personal injury claims often have to do with accidents. These claims can do with someone slipping on a poorly cared-for floor, etc. Assault and battery refer to more violent personal injury claims, which have to do with one person harming another. These terms often used – and tried – together. It’s difficult to understand the difference between the two because they seem like such similar terms. People also often use them interchangeably in everyday conversation. But legal terms have very exact definitions, and these terms have distinct differences. Those differences are really important when filing and defending a claim. Sometimes different jurisdictions will have differences in definitions and penalties, so we will concentrate on what the definitions are in Florida.
Assault refers to an unrealized but convincing threat of an unlawful deed. So when filing a claim for assault, if you want to prove in court that it happened, you should concentrate on a few things:
In Florida, assault is a second-degree misdemeanor. You can get up to sixty days in jail or six months of probation. It can also include a five hundred dollar fine. Aggravated assault is much more punishable, with harsher penalties.
Compared to assault, battery includes ACTUAL touching or violence against the other person without their consent. It includes bodily harm, but also includes milder touching or striking, even if it doesn’t result in harsh injury. There also does not have to be direct contact – throwing an object or using a weapon also qualifies as battery. For this charge to be accurate, there must be these elements: