Assault, Battery & Self-Defense

What is the difference between assault and battery in Florida?

Attorney-Reviewed Answer
Reviewed by Christopher Walsh, Criminal Trial Attorney (Fla. Bar #127459). Last reviewed: September 2026
Short Answer
Assault is a threat that creates fear. Battery is actual touching. Neither requires injury.

They're separate offenses and the distinction matters.

Assault is an intentional, unlawful threat by word or act to do violence to another, coupled with an apparent ability to do it, creating a well-founded fear that violence is imminent. No contact required — the threat is the offense.

Battery is actually and intentionally touching or striking another person against their will, or intentionally causing bodily harm. No injury is required. A push, a grab, a shove, or spitting can all qualify.

That last point surprises people constantly. "I barely touched him" is not a defense to battery; it's a description of battery.

Simple assault is a second-degree misdemeanor. Simple battery is a first-degree misdemeanor, with enhancement for a prior battery conviction.

Both escalate substantially with aggravating factors — a weapon, great bodily harm, or the status of the person involved.

Injury isn't an element of either one. That's the first thing worth understanding. ---

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This page answers a common question for general informational purposes and is not legal advice, and no attorney-client relationship is formed by reading it. Florida law changes; while this answer is reviewed by a licensed Florida attorney, the right answer depends on the specific facts of your situation — consult an attorney. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.