Ocala Assault and Battery Defense Lawyer

Accused of Assault or Battery? Take These Steps First

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The first few days after an arrest can shape the rest of the case. While you wait to speak with a lawyer:

• Read and follow your release conditions. Many assault and battery cases come with a no-contact order. Violating it can lead to a new arrest.
• Save evidence as it exists now. Keep photos of your own injuries, texts, voicemails, and video without editing, deleting, or posting them.
• Write down witness names. List everyone who saw or heard what happened, along with any contact information you have.
• Stay off social media about the case. Anything you post can be read by the prosecutor.
• Collect your paperwork. Keep the arrest affidavit, bond paperwork, case number, and court dates together for your consultation.

Why Choose Defend Ocala?

Straight Answers and Personal Attention

An arrest report is usually written from one side of the confrontation. We want to hear what led up to it, what happened in the moment, and what came after, so we can explain what the State alleges and how each option affects you.

Experienced Florida Criminal Defense Attorneys

Our founder, Jeffery Higgins, has been licensed in Florida since 1998 and holds a Martindale-Hubbell AV Preeminent rating, and attorney Brett Kocijan has defended clients since 2001. Defend Ocala handles misdemeanor and felony violent crime charges, including cases involving self-defense. Meet our attorneys to learn more.

Flat Fees, Payment Plans, and No Trial Fee

Defend Ocala works on a flat fee with payment plans available, and we do not charge a separate trial fee. Because your fee stays the same whether the case resolves early or goes to trial, cost does not drive the strategy. We will discuss the fee for your case at your free consultation.

How Does Florida Define Assault and Battery?

Florida Statutes § 784.011 defines assault as an intentional, unlawful threat by word or act to do violence to someone, combined with an apparent ability to carry out that threat and an act that creates a well-founded fear that violence is imminent. An assault does not require any physical contact.

Battery is a separate offense under § 784.03. It is charged when a person actually and intentionally touches or strikes another person against their will, or intentionally causes bodily harm. The State has to prove the elements of whichever offense is charged, not the one the arrest report describes.

The aggravated versions carry felony penalties. Aggravated assault under § 784.021 is an assault with a deadly weapon without intent to kill, or with intent to commit a felony. Aggravated battery under § 784.045 involves intentionally or knowingly causing great bodily harm, permanent disability, or permanent disfigurement, using a deadly weapon, or battering a person known to be pregnant.

Is a Verbal Threat Enough for an Assault Charge?

Not on its own. The State must also show that you appeared able to carry out the threat and did something that caused a reasonable fear of immediate violence. The distance between the people involved, what each person did, and the surrounding circumstances all matter.

What Happens After an Assault Arrest in Marion County?

Most people arrested for assault or battery see a judge at first appearance, where bond and release conditions are set. Cases in Marion and Lake counties are prosecuted by the State Attorney’s Office for Florida’s Fifth Judicial Circuit.

Bond and No-Contact Orders

A judge can order you to have no contact with the alleged victim and to stay away from specific places. Bring the written order to your lawyer so any advice is based on its exact terms.

The Prosecutor’s Filing Decision

The State Attorney’s Office decides whether to file charges and which charges to file. An alleged victim can share their wishes, but that alone does not end a case.

Evidence Review and Resolution

After charges are filed, your lawyer receives the State’s evidence and can look for legal challenges. The case may then move toward an immunity motion, other motions, negotiations, or trial. Some cases end in dismissal or a reduced charge, but no result can be guaranteed.

What Are the Penalties for Assault and Battery in Florida?

The sentence a person faces depends on the offense charged, whether a weapon was involved, the injury alleged, who the alleged victim was, and prior history.

Simple Assault and Battery

Simple assault is a second-degree misdemeanor with up to 60 days in jail and a $500 fine. Simple battery is usually a first-degree misdemeanor with up to one year in jail and a $1,000 fine. A person with a prior battery-related conviction can face a third-degree felony for a new battery.

Aggravated Assault, Felony Battery, and Aggravated Battery

Aggravated assault is a third-degree felony, punishable by up to five years in prison and a $5,000 fine. Felony battery under § 784.041 is also a third-degree felony. Aggravated battery is a second-degree felony, punishable by up to 15 years in prison and a $10,000 fine.

Weapons and Protected Workers

When a firearm is involved, § 775.087 can require a mandatory minimum prison sentence depending on the offense and how the gun was used. Section 784.07 raises the degree of assault and battery charges involving law enforcement officers, firefighters, emergency medical care providers, and other listed public workers.

Because of these rules, the long-term effect of any plea offer should be reviewed before you accept it.

How We Build an Assault Defense

An arrest report tells the story from the officer’s perspective. Our review focuses on what the evidence shows and whether the State can prove each element of the offense.

Gather the Full Picture

Depending on what exists, useful evidence may include 911 calls, surveillance and cell phone video, body-camera footage, photos, medical records, and witness statements. Who made the first move, and what happened in the seconds before contact, can change how a case is viewed.

Choose the Defense the Evidence Supports

• Self-defense: Florida law permits force or the threat of force in qualifying situations, based on what the person reasonably believed.
• Conflicting accounts: Video and independent witnesses can contradict an allegation or show what the report left out.
• No reasonable fear or ability: An assault charge requires proof that the alleged victim reasonably feared imminent violence that could be carried out.
• Not a deadly weapon: Whether an object counts as a deadly weapon depends on how it was used or threatened to be used.
• Constitutional and evidence issues: Statements and evidence obtained unlawfully may be challenged.

Every case is different. We explain the strengths and weaknesses we see so you can make informed decisions about your defense.

Self-Defense and Stand Your Ground Immunity

Florida Statutes § 776.012 allows a person to use or threaten nondeadly force when they reasonably believe it is necessary to defend against another person’s imminent unlawful force. Deadly force is permitted only in narrower situations, such as to prevent imminent death, great bodily harm, or a forcible felony. A person who is lawfully present and not engaged in criminal activity has no duty to retreat.

Under § 776.032, lawful use of force brings immunity from prosecution. Once the defense presents a prima facie claim of immunity at a pretrial hearing, the State must overcome it by clear and convincing evidence. If the motion is granted, the case ends before trial.

Assault and Battery FAQs

Office visits by appointment. Call (352) 607-8548