Daytona Beach Assault Defense Lawyer

If you have been charged with assault, you can encounter some serious consequences in Florida. Some of these punishments include jail time and fines. You want to have experienced legal representation on your side. Make sure to reach out to a Daytona Beach criminal defense lawyer to take the next legal steps.

Assault in Daytona Beach

According to Florida Statute 784.011, assault is defined as “an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such another person that such violence is imminent.”


You don’t have to make physical contact with the victim for an assault charge. The individual only needs to feel that there was a threat of a violent attack. 


These requirements for an assault charge include:


  • The act that was intended to create fear – Whether words or actions, the offender must have the intention to formulate fear for the victim
  • Reasonable apprehension – The victim must believe that the offender has intent to harm him or her.
  • Imminent harm- There must be a perceived immediate threat of physical violence from the offender. 
  • Harmful actions or words -The offender must make a threat that includes physical violence or an offending act.

Different Types of Assaults

When you are charged with assault in Florida, the crime could be categorized as simple or aggravated assault. There are separate penalties and outcomes for these offenses. 


Simple Assault

Simple assault is a physical attack on a person without the use of weapons. In most cases, the injuries to the victim are minor. However, if the victim suffers internal injuries, broken bones, or unconsciousness, the charges are elevated. Simple assault charges are considered second-degree misdemeanors. The penalties include 60 days of imprisonment and a fine of $500.


Aggravated Assault Charges

Felony assault is also called aggravated assault. If the offender assaults a victim during the commission of a felony, the charge rises to aggravated assault. When the offender uses a weapon on the victim and inflicts serious physical injuries, then simple assault is elevated to this level. Some of the victim’s injuries could include broken bones, lost teeth, or internal damages. This charge is considered a third-degree felony. If you are convicted, you face five years in prison and a $5000 fine. 

Assault and Battery Differences

The terms “assault” and “battery” are used for any crimes with physical violence. However, there is a legal separation between these crimes. Under Florida Statute 784.03, the law defines battery as “actually and intentionally touching or striking another person against the will of the other; or intentionally causing bodily harm to another person.”


A battery charge must meet the following criteria in court:


  • The offender inflicted harm on the victim.
  • The offender made physical contact or used force on the victim.
  • The victim did not consent to the physical contact.

Battery Charges in Daytona Beach

Depending on the injuries to the victim, you could face an assault or battery charge. Simple battery is a misdemeanor crime. You could face up to a $1,000 fine and one year in jail. Anyone with a prior history of battery will see those charges raised to felony battery with a subsequent arrest. 


Felony battery is defined as “unwanted, physical contact in such a way that causes great bodily harm.” It is a third-degree offense that is punishable by five years in prison.

Aggravated Battery Offenses

Like aggravated assault, battery charges can be elevated if certain conditions have been met. If a deadly weapon was used, or there was a threat of force by a deadly weapon, you can face aggravated battery charges. In Florida, a conviction of aggravated battery includes a 15-year prison sentence. 


There would be enhanced penalties if the victim acted in an official capacity as:

  • an emergency medical personnel
  • a law enforcement officer
  • a public transit operator
  • a Family and Child Services investigator

If the victim was 65 years or older, then you could face additional criminal charges.

Daytona Beach Domestic Violence

Florida has a broad definition of domestic violence. If any crime includes assault and battery, a domestic violence charge could be considered if the victim was a household member or spouse. A victim is deemed a “household member” if they are:


  • Former or current spouses
  • Parents who share a child
  • Individuals related by marriage or blood
  • Individuals residing as a family



Assault and battery penalties are increased when domestic violence charges are added to the offense.

Assault and Battery Defenses

Self-defense is a commonly used defense for these offenses. Your criminal defense lawyer must prove that:


  • A violent action was imminent against the defender.
  • The defendant could not retreat from the situation.
  • The defendant did not aggravate the situation or inflict any harm.

All these activities must fall under the conditions of reasonable action. When you contact a Daytona Beach criminal defense lawyer, you can discuss your case. With a case review, you will be able to craft the proper defense to fight these charges.

Contact an Assault Defense Lawyer in Daytona Beach

Assault and battery are serious offenses in the state. Depending on the circumstances, you could face jail time or pay a significant fine. In addition to that, you will have a criminal record. You cannot afford to fight these charges by yourself. 


Darryl Smith is here to assist if you have been accused of assault or battery in Daytona Beach. He has the experience to defend your case. When your freedom is at risk, you want someone who understands Florida’s criminal justice system. He has a proven track record as a Daytona criminal defense attorney. Call Darryl Smith’s office to schedule a discussion of your case.

Let Darryl help you!

If you have any questions, call or email Darryl today for a free case review/consultation.

Call : (386) 310-2086 7 days/week 24 hours