Clients are often confused about the differences between domestic battery, domestic assault, and simple battery under Florida law.
Each charge has different penalties and long-term consequences.
Here’s a clear breakdown.
Simple Battery (Florida Statute 784.03)
This applies when someone:
- Actually strikes another person
- Or intentionally touches them against their will
This can happen between strangers, friends, co-workers, etc.
Penalty: Up to 1 year in jail (misdemeanor).
Domestic Battery
This is the same act as simple battery but between people in a “domestic relationship.”
This includes:
- Spouses
- Dating partners
- Co-parents
- People living in the same household (current or recent)
Why It Matters: Domestic battery is treated much more harshly than simple battery—even though the action may be identical.
Penalties may include:
- Mandatory no-contact order
- 26-week Batterers’ Intervention Program
- Loss of firearm rights
- Collateral effects in family law and custody
Domestic Assault
This charge applies when there is a threat of violence, but no physical contact.
Example:
Yelling “I’m going to hit you” while raising a fist.
Even without touching, the charge is still serious.
If You Were Arrested, Get Legal Guidance Early
These cases move very quickly.
Do not try to explain or “clear things up” with police or prosecutors on your own.
Call Mesic Law at (904) 615-8950 for a confidential consultation.