Criminal Defense · Jeff T. Gorman Law Offices

Florida Assault & Battery Defense
Everyone Has the Right to Defend Themselves.
We Prove It.

Assault and battery charges in Florida range from misdemeanor simple battery to aggravated felony charges carrying 15+ years in prison. Florida’s Stand Your Ground law is one of the most powerful defense tools in the state — but it has to be raised correctly, at the right stage, by an attorney who knows how to use it. Self-defense is not just a trial argument. It can end the case before trial.

Free Consultation Call (772) 888-8888
Assault & Battery Charges — Call (772) 888-8888 for Immediate Defense
Jeff T. Gorman
Jeff T. Gorman
Founding Attorney · FL Bar #538183
100+
Felony Jury Trials
19th
Circuit Former Prosecutor
4.9★
Google Rating · 260+ Reviews
“I prosecuted more felony jury trials than any other attorney in the 19th Circuit. I know exactly how the State builds its case — and exactly how to take it apart.”
What the State Has Working Against You
●Victim testimony describing the incident from their perspective — often the State’s primary and sometimes only evidence
●Photographs of injuries taken by responding officers at the scene
●Any prior history between you and the alleged victim, presented to suggest motive and prior bad acts
●Witness statements from bystanders who may have seen only part of the confrontation — not what led to it
●Enhanced felony charging when any weapon is involved, even if used in legitimate self-defense

What the Evidence Shows —
and Where It Can Be Challenged

Assault and battery charges frequently arise from incidents where the full context was never captured — a confrontation where you were acting in self-defense, a dispute where you were protecting yourself or someone else, or an incident where you responded to provocation. The person who calls 911 first often shapes the entire investigation. Your side of the story matters — but only if it’s presented correctly by an attorney who knows how.

Florida’s Stand Your Ground law provides an immunity hearing procedure that allows us to present your self-defense argument to a judge before trial — potentially ending the case entirely without a jury ever being seated. Jeff Gorman prosecuted assault and battery cases as an ASA in the 19th Circuit. He knows what the State needs to overcome a self-defense claim and how to make that as difficult as possible for the prosecution to accomplish.

⚖️ Florida Assault & Battery Law
Assault (Florida Statute §784.011): intentional threat creating well-founded fear of imminent violence — first-degree misdemeanor. Battery (Florida Statute §784.03): intentionally touching or striking another against their will, or intentionally causing bodily harm — first-degree misdemeanor. Felony Battery (Florida Statute §784.041): battery causing great bodily harm or permanent disability — third-degree felony (up to 5 years). Aggravated Battery (Florida Statute §784.045): battery with deadly weapon or causing great bodily harm/permanent disability — second-degree felony (up to 15 years). Stand Your Ground (Florida Statute §776.012): no duty to retreat; may use force when reasonably necessary to prevent imminent death, great bodily harm, or commission of a forcible felony.
Florida Statute §784.011 (Assault) · Florida Statute §784.03 (Battery) · Florida Statute §784.045 (Aggravated Battery) · Florida Statute §776.012 (Stand Your Ground)

How We Fight This Charge

Stand Your Ground Immunity
We file a motion for immunity under Florida Statute §776.032 when the evidence supports self-defense. A successful immunity hearing results in dismissal of all charges before any trial.
Self-Defense at Trial
When immunity is not appropriate or not granted, we present a complete self-defense case to the jury — with witnesses, physical evidence, and expert analysis of the confrontation.
Mutual Combat
When both parties were willing participants in a physical confrontation, the alleged victim’s own participation undermines the battery charge significantly.
Challenging Victim Credibility
Motive to exaggerate, prior false accusations, inconsistent statements, and relationship history are all legitimate tools to challenge the alleged victim’s account.
Disputing Injury Extent
When the charge depends on the severity of injury (the line between misdemeanor and felony battery), we scrutinize medical records and may retain independent experts.
Lack of Intent
Battery requires intentional conduct. Accidental contact — even if it causes injury — does not constitute battery under Florida law.
Notable Results
NOT GUILTY
Aggravated Battery · Self-Defense · Jury Trial
DISMISSED
Felony Battery · Stand Your Ground Immunity Granted
REDUCED
Aggravated Battery to Simple Battery · Misdemeanor Resolution

Past results do not guarantee a similar outcome. Case details available upon request.

Common Questions

Assault & Battery Defense Attorney FAQ

What is the difference between assault and battery in Florida? +
In Florida, assault and battery are distinct offenses often charged together. Assault is a threat — intentionally creating a reasonable apprehension of imminent violence in another person, without physical contact. Battery is actual physical contact — intentionally touching or striking another person against their will, or intentionally causing bodily harm. You can be charged with assault without touching anyone, and with battery without a prior verbal threat.
What is aggravated battery in Florida? +
Aggravated battery (Florida Statute §784.045) is a second-degree felony occurring when battery involves great bodily harm, permanent disability, or permanent disfigurement; use of a deadly weapon; or the victim was pregnant and the offender knew or should have known. It carries up to 15 years in prison and $10,000 in fines. When a firearm is involved, Florida's 10-20-Life law imposes additional mandatory minimums.
Does Florida's Stand Your Ground law apply to assault and battery charges? +
Yes. Florida Statute §776.012 provides that a person may use or threaten to use force, including deadly force, when they reasonably believe it is necessary to prevent imminent death, great bodily harm, or the commission of a forcible felony. Stand Your Ground provides both a defense at trial and an immunity hearing procedure where the judge determines whether the use of force was lawful — potentially resulting in dismissal of all charges before trial.
What is the difference between simple battery and felony battery in Florida? +
Simple battery (Florida Statute §784.03) is a first-degree misdemeanor: up to 1 year in jail and $1,000 fine. Felony battery occurs when the battery causes great bodily harm or permanent disability (third-degree felony, up to 5 years), or is a second battery offense. Aggravated battery is a second-degree felony. The extent of injury and presence of a weapon are the key escalating factors.
Related Practice Areas
Domestic Violence
Assault and battery charges frequently arise alongside domestic violence allegations.
Felony Defense
Aggravated battery is a second-degree felony with up to 15 years exposure.
Weapons & Firearms
10-20-Life mandatory minimums apply when a firearm is used in an aggravated battery.
Free Consultation · 24/7

Assault or Battery Charges?
Your Defense Starts
with Your Version of Events.

What happened before the police arrived matters. What provoked the confrontation matters. Stand Your Ground may apply and can end the case before trial. Call Jeff Gorman at (772) 888-8888 before you say anything to investigators.

(772) 888-8888 PSL: (772) 236-5203 Free Online Consultation

Free initial consultation does not create an attorney-client relationship. Past results do not guarantee a similar outcome. Florida Bar Rules 4-7.1 through 4-7.20 apply.