Assault and Battery Defense in Miami

The charge on the arrest form isn't the end of the story. The same incident can be charged as a misdemeanor or a felony depending on the injuries, a weapon, the other person's job or age, and your record. Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012. Our office answers 24 hours a day.

Assault

An assault is an intentional, unlawful threat, by word or act, to do violence to another person, coupled with an apparent ability to do it, and doing some act that creates a well-founded fear that the violence is imminent.

• Penalty: a second-degree misdemeanor (a first-degree misdemeanor if committed in furtherance of a riot or aggravated riot).
• No one has to be touched. But words alone, with nothing that creates a well-founded fear of imminent violence, are not an assault.

Aggravated Assault

An aggravated assault is an assault with a deadly weapon without intent to kill, or with an intent to commit a felony. It is a third-degree felony.

Whether an object was really a deadly weapon, and whether anyone was really put in fear, are frequent fights in these cases. If the charge involves a firearm, see Gun & Weapons Charges.

Battery

The offense of battery happens when a person actually and intentionally touches or strikes another person against his or her will, or intentionally causes bodily harm to another person.

• Penalty: a first-degree misdemeanor (a third-degree felony if committed in furtherance of a riot or aggravated riot).

Felony Battery for a Second Offense

A person with one prior conviction for battery, aggravated battery, felony battery, or (since July 1, 2026) resisting an officer with violence, who commits any second or later battery, commits a third-degree felony.

For this rule, a "conviction" means a determination of guilt from a plea or a trial, even if adjudication was withheld or the plea was no contest. A past "withhold" can turn today's misdemeanor into a felony.

Felony Battery

Felony battery is actually and intentionally touching or striking someone against his or her will and causing great bodily harm, permanent disability, or permanent disfigurement. It is a third-degree felony. The injury, not the intent to cause it, is what makes it a felony.

The same statute also covers domestic battery by strangulation, a third-degree felony. See Domestic Violence Defense.

Aggravated Battery

A person commits aggravated battery who, in committing battery:

• intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or
• uses a deadly weapon;

or who commits a battery against a person who was pregnant, when the offender knew or should have known it. Aggravated battery is a second-degree felony.

Aggravated battery is also one of the offenses listed in Florida's 10-20-Life firearm law. See Gun & Weapons Charges.

Assault or Battery on a Law Enforcement Officer, Firefighter, or Other Protected Worker

When a person is charged with knowingly committing an assault or battery on a protected worker who is engaged in the performance of his or her official duties, Florida law raises the charge one level:

Who is covered includes law enforcement officers (including correctional and probation officers, part-time and auxiliary officers, and federal officers as the law defines them), firefighters, emergency medical care providers, hospital personnel, traffic accident investigation and traffic infraction enforcement officers, parking enforcement specialists, certain licensed and uniformed security officers, public transit employees, utility workers on critical infrastructure, railroad special officers, law enforcement explorers, and others listed in the statute.

Minimum mandatory prison terms apply for a law enforcement officer victim:

• Aggravated assault on a law enforcement officer: at least 3 years.
• Aggravated battery on a law enforcement officer: at least 5 years.
• Battery on a law enforcement officer in furtherance of a riot: at least 6 months.
• Battery on a protected worker while possessing a firearm: at least 3 years (at least 8 years with a semiautomatic firearm and high-capacity magazine, or a machine gun).

New in 2026. Since July 1, 2026, committing or attempting battery on a law enforcement officer that results in bodily injury is on Florida's prison releasee reoffender list. If it happened within 3 years after the person was released from prison, the prosecutor may ask the court to sentence the person as a prison releasee reoffender. If the State proves that by a preponderance of the evidence, the sentence must be 5 years in prison for a third-degree felony, and the person must serve 100% of it. A 2026 law also rewrote how the officer statute describes the officer's duties.

These cases usually come down to the arrest itself: what the body-cam shows, whether the person knew it was an officer, and whether the contact was intentional or happened in the chaos of being grabbed. If you are also charged with resisting, see Resisting Arrest.

Victims 65 or Older

If the alleged victim is 65 or older, the charge is raised one level, whether or not the accused knew or had reason to know the person's age (assault to a first-degree misdemeanor, battery to a third-degree felony, aggravated assault to a second-degree felony, aggravated battery to a first-degree felony).

For aggravated assault or aggravated battery on a person 65 or older, the law requires a minimum of 3 years in prison, a fine of up to $10,000, restitution, and up to 500 hours of community service. Adjudication cannot be withheld.

School Employees, Sports Officials, and Other Specified Workers

The same one-level increase applies to an assault or battery on certain elected officials or employees of school districts, private schools, state universities and other public education entities, sports officials during or right after a game, and employees or investigators of the Department of Children and Families, the Department of Health, and certain of their contractors, when the accused knows or has reason to know the person's identity or job.

Domestic Versions of These Charges

When the alleged victim is a family or household member (or, for strangulation, a dating partner), the case is a domestic violence case, with jail until first appearance, no-contact orders, injunctions, and other rules. One change took effect July 1, 2026: a domestic violence offense is now raised one level if the accused already has a prior domestic violence conviction, including a plea with adjudication withheld or a no-contest plea (not applied on top of a second-offense felony battery). See Domestic Violence Defense.

"The Victim Doesn't Want to Press Charges"

The prosecutor, not the alleged victim, decides whether a case is filed, continued, or dropped. In domestic violence cases, Florida law goes further: it calls on each state attorney to adopt a pro-prosecution policy, and decisions about charges are made by specialized prosecutors, over the victim's objection if necessary.

That doesn't mean the alleged victim's wishes don't matter. A witness who says it didn't happen the way the report says, or who won't come to court, can change a case. But any contact with the alleged victim must go through your lawyer. Contacting them yourself can violate a no-contact order and create new charges.

Self-Defense

Many battery cases are self-defense cases. Florida law allows the use or threat of force in defense of yourself or others in the circumstances the law describes, and it can provide immunity from prosecution. See Stand Your Ground.

How We Defend Assault and Battery Cases

• Who started it. The first 911 caller is not always the person who was attacked. We look at the lead-up, not just the ending.
• The injuries versus the charge. Felony battery and aggravated battery depend on specific injuries (great bodily harm, permanent disability, permanent disfigurement) or a deadly weapon. Medical records often show less than the arrest report claims.
• Video. Phone video, business cameras, rideshare dashcams, and body-cam footage can confirm self-defense or contradict the State's version. Much of it is overwritten in days, so it must be requested fast.
• Witnesses. Friends of the other side, people who only saw the end, and people who were drinking. We find the independent witnesses and test the rest.
• Knowledge and intent. On officer and protected-worker charges, the State must prove the accused acted knowingly. Battery requires an intentional touching or strike.
• The prior record. For a second-offense felony battery, is the prior really a qualifying conviction?

Bond and Immigration

Some of these charges, including felony battery and domestic charges, require the person to stay in custody until first appearance. See Bond & Nebbia Hearings. For a noncitizen, a battery or domestic plea can have serious immigration consequences, even on a misdemeanor. See Immigration Consequences of Criminal Charges.

What to Do After an Assault or Battery Arrest

1. Say nothing about what happened, even if you were defending yourself. Ask for a lawyer.
2. Don't contact the other person or the witnesses.
3. Have family save evidence: photos of your injuries, videos, texts, and names of anyone who saw it.
4. Don't post about it or talk about it on jail phones.
5. Call us so we can fight for release and start finding video before it's gone.

Related Charges and Issues

• Violent Crimes Defense
• Gun & Weapons Charges
• Stand Your Ground
• Domestic Violence Defense
• Resisting Arrest
• Bond & Nebbia Hearings
• Immigration Consequences of Criminal Charges

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

You can read about some of our past cases on our Results page.

Frequently Asked Questions

What's the difference between assault and battery?

Assault is a threat that creates a well-founded fear of imminent violence. Battery is an intentional touching or striking against someone's will, or intentionally causing bodily harm.

Can a misdemeanor battery become a felony?

Yes. A prior battery-type conviction (including a withheld adjudication), serious injury, a deadly weapon, a pregnant victim, a victim 65 or older, or a victim who is a protected worker can all make it a felony.

The other person doesn't want to press charges. Is the case over?

Not automatically. The prosecutor decides. In domestic violence cases, Florida law directs prosecutors to follow a pro-prosecution policy, even over the alleged victim's objection if necessary.

I didn't know he was a cop. Does that matter?

It can. The officer statute applies to a person charged with knowingly committing the assault or battery on a protected worker.

How fast can you help?

Our office answers 24 hours a day. Call (305) 209-0384.