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Often times, the only evidence against you in these types of cases is the word (or testimony) of the other person (or victim).
That’s a battery whether you hurt them or not – but it’s not an assault if they didn’t see you coming and were not afraid of getting hit.
It can also be a battery if you intentionally cause harm to someone else.
Like it or not, the simple act of touching someone against their will is technically a battery. A standard that is often cited is that if the touching offends a reasonable person, it is a battery.
In Florida, there is a difference between assault and battery – they are two separate and distinct crimes and you can be charged with either or both.
An assault is where you threaten to do violence to someone and that threat puts that person in fear.
Witnesses and video can work just as much for you as it can against you. Crime Level: 3rd degree felony Most likely outcome*: Felony probation, anger management class, community service, no contact with victim, fine, court costs and costs of prosecution.