(321) 252-4396 mm@musillawfirm.com

Assault and Battery

Misdemeanor and Felony Assault and Battery Charges


Popular media often characterizes Assault as the same as a Battery, when in fact they are two separate types of crimes.  In general, an assault is the threat of violence or unwanted touching, whereas a battery is the actual violence or unwanted touching.

Following Florida Statute 784.011, the crime of Assault takes place when a person:

  1. Makes an intentional and unlawful threat – by word or act – to commit violence against another person;

  2. With the apparent ability to carry through with the threat at the time it was made; and

  • The threat created a genuine fear in the intended victim that the violence was imminent.

Aggravated Assault

If the Assualt is made with a deadly weapon (i.e. knife, firearm, baseball bat, etc.) or while committing a felony offense (i,e. robbery, burglary), the assault constitutes an Aggravated Assault and is prosecuted as a felony.




The State of Florida has several types of battery crimes that are typically charged in Melbourne, FL and the rest of Brevard County:

Misdemeanor Battery,
Domestic Battery by Strangulation,
Domestic Violence Battery,
Felony Battery,
Aggravated Battery, and
Aggravated Battery on a Pregnant Person.

Certain battery crimes can be up-charged depending on the status of the victim, for example a pregnant or an elderly person.

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Are you or your loved one charged with Assault or Battery?

Call or e-mail attoreny Mario Musil regarding your charges and discuss the specifics of your case completely free of charge. Do not speak to law enforcement or anyone else about your case without first consulting a qualified attorney in Melbourne, FL or the surrounding area.

You can reach Mr. Musil by phone at (321) 252-4396