Assault & Battery Defense Attorneys in Tampa

Allegations of assault or battery can arise from heated moments, misunderstandings, or false accusations — but the consequences can be life-changing. A conviction may lead to jail time, fines, and a permanent criminal record that affects employment and reputation.

At Roussos Law Group, we provide skilled and strategic representation for clients accused of assault, battery, and related violent offenses throughout Florida. Our team leverages prosecutorial insight to examine every detail of your case and safeguard your rights.

Understanding Assault & Battery Charges in Florida

Florida law distinguishes between assault and battery, each defined under separate statutes:

  • Assault (§784.011): An intentional, unlawful threat by word or act to do violence to another person, coupled with the apparent ability to carry out the act, creating a well-founded fear of imminent harm.
  • Battery (§784.03): Actually and intentionally touching or striking another person against their will, or intentionally causing bodily harm.

 

More serious versions of these charges include:

  • Aggravated Assault (§784.021): Assault with a deadly weapon or with intent to commit another felony.
  • Aggravated Battery (§784.045): Battery resulting in great bodily harm, permanent disability, or involving a deadly weapon.

 

Potential penalties vary based on the charge and circumstances:

  • Misdemeanor assault or battery: Up to one year in jail and fines up to $1,000.
  • Felony aggravated offenses: Up to 15 years in prison and fines up to $10,000.
  • Additional consequences: Probation, anger-management courses, and restitution may also be imposed.

How Prosecutors Build Assault & Battery Cases

Prosecutors rely on testimony, physical evidence, and witness accounts to establish intent and harm. Our criminal defense lawyers understand the evidentiary standards and procedural issues that can determine the strength of these cases.

Common evidence used by the prosecution includes:

  • Victim and witness statements
  • Photographs of alleged injuries or property damage
  • Surveillance or cellphone footage
  • Medical reports and 911 recordings
  • Police bodycam or incident reports
  • Prior altercations between the parties (if admissible)

 

Our firm carefully reviews every detail, from initial arrest to evidence collection, to identify inconsistencies, procedural violations, or unreliable testimony.

Defending Against Assault & Battery Charges

Not all confrontations are criminal. Many assault and battery allegations arise from misinterpretation, self-defense, or mutual conflict.

Common defense strategies may include:

  • Self-defense or defense of others: Showing reasonable force was used to protect against imminent harm.
  • Lack of intent: Demonstrating that contact or threat was accidental or not willful.
  • False accusation: Exposing motives for fabrication, such as personal disputes or revenge.
  • Mutual combat: Arguing that both parties willingly engaged in a fight.
  • Insufficient evidence: Challenging vague testimony or unreliable witnesses.

 

At Roussos Law Group, we build a defense strategy grounded in facts, law, and the individual circumstances of your case.

Possible Consequences of an Assault or Battery Conviction

A conviction can carry both criminal penalties and long-term collateral consequences:

  • Jail or prison time depending on offense level
  • Probation, fines, and restitution
  • Mandatory anger-management or counseling
  • No-contact orders and loss of firearm rights (for felony convictions)
  • Permanent criminal record affecting employment and housing

 

Certain factors — such as use of a deadly weapon, serious injury, or assault on a law-enforcement officer — can lead to enhanced felony penalties under §784.07 or §784.08.

This summary is for general educational purposes and may not reflect recent legislative changes. You should consult an attorney for advice regarding your specific situation.

Frequently Asked Questions

What is the difference between assault and battery?

Assault involves a threat or attempt to cause harm without physical contact. Battery involves intentional physical contact or injury.

Can I be charged with assault even if I didn’t touch anyone?

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What if I was defending myself?

Florida law allows individuals to use reasonable force in self-defense. Evidence supporting this claim can lead to dismissal or acquittal.

Can an assault or battery charge be dropped?

Only the State Attorney’s Office can decide whether to dismiss charges, though your attorney can present mitigating evidence to influence that decision.

Will an assault or battery conviction stay on my record?

Yes. If you are convicted of a felony or domestic violence battery, you are not eligible to seal or expunge your record. A misdemeanor battery is likely not eligible if there is a conviction.

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Frequently Asked Questions

What is the difference between assault and battery?

Assault involves a threat or attempt to cause harm without physical contact. Battery involves intentional physical contact or injury.

Can I be charged with assault even if I didn’t touch anyone?

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What if I was defending myself?

Florida law allows individuals to use reasonable force in self-defense. Evidence supporting this claim can lead to dismissal or acquittal.

Can an assault or battery charge be dropped?

Only the State Attorney’s Office can decide whether to dismiss charges, though your attorney can present mitigating evidence to influence that decision.

Will an assault or battery conviction stay on my record?

Yes. If you are convicted of a felony or domestic violence battery, you are not eligible to seal or expunge your record. A misdemeanor battery is likely not eligible if there is a conviction.