Most people charged with assault or battery in Broward County have never been inside a courtroom. Many are searching for answers late at night, worried about jail time, job loss, or the long-term impact of a criminal record. Florida treats assault and battery as distinct offenses: assault involves a threat that creates reasonable fear, while battery involves actual physical contact, and each carries different penalties.
A Fort Lauderdale, FL Assault Lawyer who handles these cases in the Broward County court system may help you understand what you are up against and how to fight back. Contact Rossen Law Firm for a free strategy session.
Key Takeaways About Assault and Battery Penalties in Broward County
- Florida classifies assault as a threat of violence that creates reasonable fear, while battery involves actual physical contact, and each offense carries its own set of penalties.
- Simple assault is a second-degree misdemeanor with up to 60 days in jail, while aggravated assault is a third-degree felony with up to five years in state prison.
- Battery penalties range from up to one year in jail for a first-degree misdemeanor to up to 15 years in prison for aggravated battery, a second-degree felony.
- Penalties increase significantly when a deadly weapon, a firearm, or a protected victim such as a law enforcement officer or elderly person is involved.
- A conviction at any level creates a permanent criminal record in Florida that may affect your employment, housing, firearm rights, and professional licensing.
What Are the Penalties for Simple Assault in Fort Lauderdale?
Florida Statute 784.011 defines assault as an intentional, unlawful threat by word or act to commit violence against another person, paired with the apparent ability to carry it out and a well-founded fear in the alleged victim that the violence is about to happen. No physical contact is required. Understanding how violent threats are defined and prosecuted under Florida law is an important first step in building your defense.
Second-Degree Misdemeanor Penalties
Simple assault is a second-degree misdemeanor under Florida law. The penalties a Broward County judge may impose for a conviction include:
- Up to 60 days in the Broward County Jail
- Up to six months of probation
- A fine of up to $500
- A permanent criminal record
A misdemeanor conviction might seem manageable compared to a felony, but it still shows up on background checks that employers, landlords, and licensing boards run in South Florida and nationwide. Even 60 days in jail disrupts your income, your family, and your standing in the community.
Assault During a Riot
Florida Statute 784.011(3) reclassifies assault to a first-degree misdemeanor if the offense occurs during a riot or aggravated riot under Florida Statute 870.01. That increases the maximum jail time to one year and the fine to $1,000.
What Are the Penalties for Aggravated Assault in Broward County?
Florida Statute 784.021 defines aggravated assault as an assault committed with a deadly weapon without intent to kill, or with the intent to commit a felony. This charge moves the offense from misdemeanor territory into felony range.
Third-Degree Felony Penalties
Aggravated assault is a third-degree felony. Under Florida Statute 775.082, the maximum penalties include:
- Up to five years in Florida state prison
- Up to five years of probation
- A fine of up to $5,000
A felony conviction in Broward County carries consequences that extend far beyond the courtroom. Florida law strips convicted felons of the right to vote until completion of all terms of the sentence, restricts firearm ownership under both state and federal law, and creates a record that follows you through every job application and housing search.
Firearm Enhancements Under Florida's 10-20-Life Law
If a firearm is involved in an aggravated assault, Florida Statute 775.087, known as the 10-20-Life law, imposes mandatory minimum prison sentences that judges have limited discretion to reduce. The mandatory minimums break down as follows:
- Possessing a firearm during the offense triggers a three-year mandatory minimum prison sentence
- Discharging the firearm triggers a 20-year mandatory minimum
- Causing death or great bodily harm by discharging the firearm triggers a 25-year mandatory minimum
These mandatory minimum sentences run consecutively to other penalties, and the defendant is ineligible for early release or gain time. For anyone facing aggravated assault with a firearm in Broward County, the 10-20-Life law represents one of the most serious sentencing risks in Florida criminal law.
What Are the Penalties for Battery Charges in Fort Lauderdale?
Battery is a separate offense from assault under Florida law. While assault targets the threat of violence, battery under Florida Statute 784.03 addresses actual physical contact. The state must prove that you intentionally touched or struck another person against their will.
Simple Battery
Simple battery is a first-degree misdemeanor. A conviction in Broward County may result in up to one year in jail, up to 12 months of probation, and a fine of up to $1,000. A second battery conviction, regardless of when the first occurred, is automatically reclassified as a third-degree felony carrying up to five years in prison.
Felony Battery
Felony battery under Florida Statute 784.041 occurs when a person commits battery and intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement. This offense is a third-degree felony, carrying up to five years in prison and up to $5,000 in fines.
Aggravated Battery
Florida Statute 784.045 defines aggravated battery as a battery where the person intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement, or uses a deadly weapon. Aggravated battery also applies when the offender knew or had reason to know the victim was pregnant. This is a second-degree felony, and the penalties include:
- Up to 15 years in Florida state prison
- Up to 15 years of probation
- A fine of up to $10,000
A Fort Lauderdale assault lawyer who has handled aggravated battery cases in Broward County understands how prosecutors build these charges and where the defense may challenge the evidence. Reviewing the available legal defenses for battery charges is a critical part of that process.
What Factors Increase Assault and Battery Penalties in Broward County?
Florida law provides for enhanced penalties when certain aggravating factors are present. These enhancements may reclassify a charge to a higher degree, add mandatory minimum sentences, or both. The factors that most commonly increase penalties in Broward County assault and battery cases include:
- The victim is a law enforcement officer, firefighter, EMT, or other protected person under Florida Statute 784.07, which raises each offense by one degree
- The victim is 65 years of age or older under Florida Statute 784.08, which also raises each offense by one degree
- The defendant used or possessed a firearm during the offense, triggering mandatory minimums under the 10-20-Life law
- The offense occurred during a riot or aggravated riot, which raises the sentencing level under the applicable statute
- The defendant has prior assault or battery convictions, which may trigger reclassification or habitual offender sentencing under Florida Statute 775.084
A misdemeanor battery involving a law enforcement officer is elevated to a third-degree felony, while aggravated assault involving a law enforcement officer is reclassified from a third-degree felony to a second-degree felony. Because these enhancements increase the degree of the charge and the potential penalties, it is important to understand the full scope of what you are facing early in the case.
What Happens Beyond the Courtroom After an Assault Conviction in Florida?
The fines and jail time listed in the statutes only represent the direct penalties. A conviction for assault or battery in Broward County carries collateral consequences that may affect your daily life for years. Your Fort Lauderdale assault lawyer factors these consequences into your defense strategy because avoiding them is often just as important as avoiding jail.
Employment and Professional Licensing
Employers across South Florida and nationally run criminal background checks. A misdemeanor assault conviction may disqualify you from positions in healthcare, education, childcare, finance, and government. A felony conviction narrows those options even further. If you hold a professional license issued by the state of Florida, a conviction may trigger a review by your licensing board that puts your career at risk. These consequences are compounded further when charges overlap with a domestic battery allegation, which carries its own additional penalties under Florida law.
Housing and Financial Impact
Landlords in Broward County routinely screen applicants for criminal records. A conviction may limit your rental options in Fort Lauderdale, Sunrise, and surrounding communities. Beyond housing, a conviction may affect your eligibility for certain student loans, professional certifications, and immigration status if you are not a U.S. citizen.
Firearm Rights and Voting
A felony conviction in Florida results in the loss of your right to possess firearms under both state and federal law. Your voting rights are also suspended until you complete all terms of your sentence, including probation, fines, and restitution. These collateral consequences are permanent unless you take affirmative legal steps to restore them.
How Does Rossen Law Firm Fight Assault and Battery Charges in Broward County?
Rossen Law Firm has represented thousands of clients facing criminal charges in Broward, Palm Beach, and Miami-Dade counties, including assault and battery cases at every level from misdemeanor to felony. The firm's legal team, led by former prosecutor Adam Rossen, brings a prosecutorial perspective that helps identify weaknesses in the state's case before they become problems at trial.
Former Prosecutor Insight Applied to Your Defense
Adam Rossen spent years building assault cases for the state before switching sides. His team uses that experience to anticipate how Broward County prosecutors approach plea offers, present evidence, and argue at sentencing. When your Fort Lauderdale assault attorney has seen the playbook from both sides, your defense benefits from that perspective at every stage.
Early Intervention That Protects Your Options
The sooner a defense team gets involved, the more options remain on the table. The attorneys at Rossen Law Firm move quickly to gather evidence, interview witnesses, and engage with prosecutors before formal charges are filed in some cases. This approach may result in reduced charges, diversion program eligibility, or dismissal before the case reaches trial. Knowing your options for protecting your rights during a violent crime investigation can make a significant difference in the outcome.
The firm serves clients throughout Fort Lauderdale, Sunrise, Boca Raton, Coral Gables, Miami, Wellington, and Palm Beach Gardens.
FAQs for Fort Lauderdale Assault Lawyers
What is the difference between assault and battery under Florida law?
Assault involves a threat of violence that creates reasonable fear, and no physical contact is required. Battery involves actual intentional physical contact against another person's will. Florida treats them as separate offenses under Chapter 784 of the Florida Statutes, each with its own penalties.
Is simple assault a felony in Broward County?
No. Simple assault under Florida Statute 784.011 is a second-degree misdemeanor, carrying up to 60 days in jail and a $500 fine. Aggravated assault, which involves a deadly weapon or intent to commit a felony, is a third-degree felony with up to five years in prison.
Does a first-time battery charge result in jail time in Fort Lauderdale?
A first-time simple battery conviction may result in up to one year in jail, though Broward County judges have discretion in sentencing. Alternatives like pretrial diversion programs, probation, or anger management courses may be available depending on the facts of your case and your criminal history.
How does a prior conviction affect sentencing for assault or battery?
A second battery conviction in Florida is automatically reclassified from a first-degree misdemeanor to a third-degree felony. Prior felony convictions may also trigger habitual offender sentencing under Florida Statute 775.084, which increases maximum penalties significantly.
What is Florida's 10-20-Life law and how does it apply to assault charges?
Florida Statute 775.087 imposes mandatory minimum prison sentences when a firearm is used during certain felonies, including aggravated assault. Possessing a firearm triggers a three-year minimum, firing it triggers 20 years, and causing great bodily harm or death by firearm triggers 25 years to life.
Take Action Now and Talk to a Fort Lauderdale Assault Lawyer
A conviction for assault or battery in Broward County does not just affect the next few months of your life. It reshapes your employment options, your housing, your rights, and your reputation for years to come. The penalties you face depend on the specific charge, the circumstances of the incident, and how effectively your defense team challenges the prosecution's case.
Rossen Law Firm has helped clients across Fort Lauderdale, Boca Raton, Miami, and throughout South Florida fight assault and battery charges at every level. Reach out for a free strategy session and put a Fort Lauderdale assault lawyer in your corner today.
