Proven Winners
In Criminal Defense

Fort Myers Assault And Battery Defense Lawyers

Last updated on August 13, 2026

At Aiken & O’Halloran, our Fort Myers assault and battery attorneys have more than 50 years of combined experience. We know how to build a strategic defense against assault and battery charges, so our clients get optimal results. Our experienced criminal defense attorneys have helped thousands of clients successfully resolve their cases, and we are prepared to offer you the same aggressive advocacy.

For a free initial consultation, please call us in Fort Myers at 239-955-6715 or complete our contact form. We represent clients throughout Fort Myers and the surrounding areas.

What Is The Difference Between Assault And Battery In Florida?

Despite often being used together, assault and battery are two distinct crimes in Florida. While battery may involve unwanted touching or actual physical harm, assault does not necessarily involve physical contact. For example, a person could be charged with assault for threatening a person in such a way that causes that person to fear harm. Depending on the specific situation, a person could be charged with assault or battery, or a person could be charged with both. Assault and battery charges are often filed by prosecutors in connection with alleged domestic violence incidents.

What Are The Penalties For Assault And Battery In Florida?

Both assault and battery can be charged in varying degrees. The penalties for an assault or battery conviction depend on the particular charge that the prosecution brings against the defendant. Each degree of offense has a sentence requirement that is established by state law.

In Florida, assault and battery convictions can carry significant fines and jail time. Fortunately, depending on the circumstances, it may be possible to get assault and battery charges reduced or dismissed. In some cases, if our law firm is able to get involved early in the case, it is possible to prevent charges from even being filed. Still, you should always take assault and battery charges seriously and contact a lawyer as soon as possible if you have been charged or believe you could be charged.

Florida has established maximum penalties for each type of assault and battery charge:

Simple assault: Charged as a second-degree misdemeanor, which is punishable by up to 60 days of incarceration and a maximum fine of $500
Aggravated assault: Charged as a third-degree felony, which is punishable by up to five years of incarceration and a maximum fine of $5,000
Simple battery: Charged as a first-degree misdemeanor, which is punishable by up to one year of incarceration and a maximum fine of $1,000
Felony battery: Charged as a third-degree felony, which is punishable by up to five years of incarceration and a maximum fine of $5,000
Aggravated battery: Charged as a second-degree felony, which is punishable by up to 15 years of incarceration and a maximum fine of $10,000

Understanding Domestic Violence Charges In Florida

In Florida, assault and battery offenses that are carried out against a family member or household member can result in domestic violence charges.

A family or household member may refer to:

Current or former spouses
Parents who have had a child together
Individuals who are related by blood or marriage
Those who formerly or currently reside together as a family

Individuals accused of domestic violence could be subject to an injunction ordering that person to stay away from the alleged victim. Once an injunction is imposed, a violation of the order could result in a first-degree misdemeanor charge, punishable by up to one year in jail.

Anyone found guilty of domestic violence will be required to serve a minimum of one year of probation. During that time, the person may be required to attend a batterers’ intervention program, unless the court indicates explicitly why it believes such a program would not be appropriate.

The criminal defense attorneys at Aiken & O’Halloran are here to fight for you and protect your rights and freedom. We have handled thousands of cases for satisfied clients. Put us on your side today.

What to Do If You Are Charged With Assault Or Battery

Facing assault or battery charges in Florida can be overwhelming, but taking the right steps immediately can significantly impact your case outcome. We understand the stress and uncertainty you are experiencing, and our goal is to guide you through this challenging time with clear, actionable information.

Your Immediate Next Steps

When facing assault or battery charges, your actions in the first hours and days are crucial:

DO NOT speak to law enforcement without an attorney. Anything you say can be used against you in court, and law enforcement officers are trained to gather evidence for prosecution.
DO NOT resist arrest. Resisting arrest will only add additional charges to your case and can escalate the situation dangerously.
DO NOT destroy evidence. Tampering with or destroying evidence is a separate crime that can result in additional charges.
DO contact an experienced criminal defense attorney immediately. Early legal intervention can make the difference between a dismissal and a conviction.
DO gather any relevant information, including witnesses, alibis and evidence. Document everything you remember about the incident while it is fresh in your memory.

The importance of early intervention by a lawyer cannot be overstated. We have seen countless cases where prompt legal action resulted in reduced charges or complete dismissals.

Common Defenses Against Assault And Battery Charges

We employ various defense strategies depending on the specific circumstances of your situation:

Self-defense or defense of others applies when you reasonably believed that force was necessary to protect yourself or another person from imminent harm.
Lack of intent can be a powerful defense since both assault and battery require intentional action.
False accusation or mistaken identity occurs more frequently than many people realize, especially in chaotic situations.
An alibi demonstrates that you were somewhere else when the alleged incident occurred.
Lack of sufficient evidence means the prosecution cannot prove their case beyond a reasonable doubt.
Violation of constitutional rights, such as illegal search and seizure, can result in evidence being excluded from your case.

The Criminal Defense Process In Florida For Assault And Battery Cases

Understanding the legal process helps reduce anxiety:

Arrest and booking involve being taken into custody, fingerprinted and photographed.
First appearance and bond hearing is where a judge will inform you of the charges and determine if you are eligible for release on bond.
Arraignment is the formal court proceeding where you will enter a plea.
Discovery process allows both sides to exchange evidence and information about the case.
Pretrial motions can be filed to suppress evidence, dismiss charges or resolve other legal issues before trial.
Plea bargaining involves negotiations with the prosecutor to potentially reduce charges or penalties.
A trial occurs if we cannot reach a favorable plea agreement.
Sentencing happens only if you are convicted.

Beyond Jail Time: Other Consequences Of An Assault And Battery Conviction

The consequences extend far beyond any jail sentence:

Impact on employment and background checks can prevent you from obtaining jobs in many fields.
Loss of professional licenses affects health care workers, teachers and attorneys.
Restrictions on firearm ownership can prevent you from purchasing firearms.
Immigration consequences for noncitizens can include deportation.
Reputational damage affects your standing in the community.
Probation terms and supervision may include regular reporting and community service.

Frequently Asked Questions

Can the victim drop the charges?

Only a prosecutor can drop assault or battery charges, as the state attorney represents the interests of the state of Florida. However, the victim’s input can influence the prosecutor’s decision.

Can I get my record expunged or sealed?

You can petition for expunction if charges are dropped or dismissed and you have no other convictions in Florida. You can seal a simple battery record if the court withholds adjudication.

Contact Us For A Free Initial Consultation

For a free consultation, please call Aiken & O’Halloran at 239-955-6715 or complete our contact form. Our criminal defense attorneys represent clients throughout Fort Myers and the surrounding areas.