Florida Violent Crimes — Assault, Battery, Aggravated Assault & Robbery Laws

Violent crimes account for a significant portion of Florida arrests, with simple assault ranking as the third most common arrest type and aggravated assault ranking sixth, according to FDLE data. Florida law classifies violent offenses across several statutes, with penalties ranging from misdemeanors to life felonies depending on the specific charge and circumstances.

This guide covers the most common violent crime charges in Florida: assault, battery, aggravated assault, aggravated battery, robbery, and related offenses.

Assault Under Florida Law

Simple Assault — §784.011

Under Florida Statute §784.011, an assault occurs when a person intentionally and unlawfully threatens another with violence, and at the time they have the apparent ability to carry out the threat, creating a reasonable fear in the victim that violence is imminent.

Importantly, assault in Florida does not require physical contact — a verbal threat coupled with the means to carry it out may be sufficient. The key elements are:

• An intentional threat of violence
• Apparent ability to carry out the threat
• The victim reasonably fears imminent violence

Penalty: Simple assault is a second-degree misdemeanor, punishable by up to 60 days in jail and/or a fine of up to $500.

Aggravated Assault — §784.021

Aggravated assault is an assault committed with:

• A deadly weapon without intent to kill; OR
• An intent to commit a felony

The presence of a deadly weapon is the most common factor that elevates simple assault to aggravated assault. A deadly weapon is broadly defined and can include firearms, knives, vehicles, or any object that, when used in a threatening manner, could cause death or serious bodily injury.

Penalty: Aggravated assault is a third-degree felony, punishable by up to 5 years in prison and/or a fine of up to $5,000.

Battery Under Florida Law

Simple Battery — §784.03

Under Florida Statute §784.03, battery occurs when a person:

• Actually and intentionally touches or strikes another person against their will; OR
• Intentionally causes bodily harm to another person

Unlike assault, battery requires some form of physical contact. Even minimal touching can constitute battery if it is done intentionally and without consent.

Penalty: Simple battery is a first-degree misdemeanor, punishable by up to 1 year in jail and/or a fine of up to $1,000.

Felony Battery — §784.041

Felony battery occurs when a person intentionally strikes another and causes great bodily harm, permanent disability, or permanent disfigurement, or when a person with a prior battery conviction commits a subsequent battery.

Penalty: Felony battery is a third-degree felony, punishable by up to 5 years in prison and/or a fine of up to $5,000.

Aggravated Battery — §784.045

Aggravated battery occurs when a person commits battery and:

• Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; OR
• Uses a deadly weapon; OR
• The victim is known to be pregnant

Penalty: Aggravated battery is a second-degree felony, punishable by up to 15 years in prison and/or a fine of up to $10,000.

Robbery Under Florida Law

Robbery — §812.13

Robbery is the taking of money or property from another person with the intent to permanently or temporarily deprive them of it, through the use of force, violence, assault, or placing the victim in fear. Robbery differs from theft because it requires force or the threat of force.

Penalty: Robbery is a second-degree felony, punishable by up to 15 years and/or a fine of up to $10,000.

Robbery with a Deadly Weapon — §812.13(2)(a)

If the offender carried a firearm or other deadly weapon during the robbery, the charge is elevated. This is a life felony under Florida’s 10-20-Life statute if a firearm is discharged.

Penalty: First-degree felony, punishable by up to life in prison.

Florida’s 10-20-Life Statute — §775.087

Florida’s 10-20-Life law imposes mandatory minimum sentences for violent crimes involving firearms:

• 10 years — possessing a firearm during the commission of certain felonies
• 20 years — discharging a firearm during the commission
• 25 years to life — discharging a firearm causing death or great bodily harm

These mandatory minimums cannot be suspended or reduced by the judge.

Penalty Comparison Table

Common Defense Strategies

Self-Defense / Stand Your Ground

Florida’s Stand Your Ground law (§776.012) allows a person to use force, including deadly force, if they reasonably believe it is necessary to prevent imminent death or great bodily harm. Florida does not require a person to retreat before using force if they are in a place where they have a legal right to be.

Lack of Intent

Many violent crime charges require specific intent. Accidental contact, reflexive actions, or actions taken without the requisite intent may serve as a defense.

False Accusations

Violent crime charges can arise from false accusations in the context of disputes, divorces, or neighborhood conflicts. Evidence of the accuser’s motive to lie or inconsistencies in their statements can undermine the state’s case.

Mistaken Identity

Eyewitness misidentification is one of the most common causes of wrongful convictions. Challenging the reliability of eyewitness testimony can be a powerful defense.

Collateral Consequences

• Firearm restrictions: Felony convictions result in permanent loss of firearm rights
• Employment: Many employers exclude violent felony convictions
• Immigration: Violent crimes are serious grounds for deportation
• Professional licensing: Violent crime convictions affect professional licenses

Frequently Asked Questions

What is the difference between assault and battery in Florida?

Assault is the threat of violence (no contact required). Battery requires actual physical contact. A person can be charged with both from the same incident.

Can I use Stand Your Ground as a defense?

Yes. If successful at a pretrial immunity hearing, you receive immunity from prosecution. The court determines whether the use of force was reasonable under the circumstances.

What makes robbery different from theft?

Robbery requires force or threat of force. Theft is taking property without consent but without force. A pickpocket commits theft; a mugger committing robbery.

Can a simple assault charge be reduced?

Yes. It may be reduced to disorderly conduct or dismissed if there is insufficient evidence or witness credibility issues. Pre-trial diversion may be available for first-time offenders.

Contact a Florida Violent Crimes Defense Attorney

Violent crime charges carry serious penalties. If you are facing charges, understanding your rights and having experienced legal guidance is essential.

Contact us today for more information about Florida violent crime law.