Phone Available 24/7
904.513.3905
Menu
Free Criminal Case Review

Start Your Path To Justice Now.

Free Case Review
free case review

Free Criminal Case Review

Start Your Path To Justice Now.

Assault and battery sounds serious, so you may not realize exactly what those charges take in. For example, a middle-schooler may face juvenile battery charge after getting into a fight with a friend on the playground–even if no one was hurt.

The consequences for juvenile assault or juvenile battery depend on a variety of factors, including the nature of the incident, whether a weapon was used, how seriously someone was injured, whether the accused minor has prior incidents of juvenile delinquency, the age of the accused, and more. But, it’s important to recognize that any act of juvenile delinquency or juvenile criminal charge can have serious consequences.

If your child has been accused of assault or battery, it is in your best interest to speak with an experienced Jacksonville juvenile lawyer as soon as possible.

Assault & Battery Overview

Assault and Battery: What’s the Difference?

Though you’ve probably heard the phrase “assault and battery” used as if it were a single crime, assault and battery are actually two separate criminal offenses with unique elements. Depending on the circumstances, a juvenile may be charged with one of those offenses.

Assault in Florida

In Florida, “assault” doesn’t actually require physical contact at all. Instead, the crime of assault involves a threat. Specifically, a person commits the crime of assault in Florida if he or she:

  • Intentionally threatens another person with violence,
  • Has the apparent ability to follow through on the threat, and
  • Takes some action that creates a “well founded” fear that violence is imminent

Battery in Florida

Unlike assault, battery requires physical contact. Specifically, the necessary elements to support a battery charge are:

  • Intentionally touching or striking another person against that person’s will, or
  • Intentionally causing bodily harm to another person

Note that the touching or striking needn’t involve body-to-body contact, such as a slap or punch. While hitting, kicking, and pushing are common types of battery, a person can also commit battery by throwing an object at another person and striking them, or even by spitting on them.

Assault & Battery Charges

How Serious are Juvenile Assault and Battery Charges?

The elements set forth above support the lowest-level assault and battery charges, often described as simple assault and simple battery. Both crimes are misdemeanors in Florida, though battery is more serious than assault and carries more serious possible penalties.

However, there are a variety of other assault and battery crimes that may result in felony charges. Even for a minor, these acts can have much more serious consequences. So, for example, a juvenile assault charge involving a stand-off in the cafeteria may have less serious consequences than juvenile charges for assault involving a weapon.

Take Juvenile Assault and Battery Charges Seriously

There’s a tendency to take juvenile charges less seriously than adult criminal charges, for a few reasons. That playground fight or threat made to a friend in anger may not seem serious enough to warrant any significant penalties. Many people mistakenly assume that juvenile records are automatically expunged when the person who was adjudicated delinquent reaches the age of 18. And, many believe that only the oldest juveniles who have been accused of the most serious crimes are tried in adult court.

When your child’s future is at stake, you can’t afford to make assumptions.

Juvenile Detention

Across the country, nearly 50,000 juveniles are detained away from home as a result of juvenile delinquency proceedings or adult criminal cases. These juveniles are detained in different types of facilities, ranging from detention centers and adult jails to group homes and residential treatment centers. In each setting, the number one reason minors are being held in these facilities is “crimes against a person”–crimes like assault and battery. More than 12,000 minors are in long-term secure facilities or juvenile detention centers because of these types of offenses.

Adult Jails and Prisons

During the 2019-2020 fiscal year, 143 minors in Florida were transferred into the adult criminal justice system to face aggravated assault or aggravated battery charges. Those cases account for more than 14% of the juvenile charges transferred to adult court in Florida that year. A juvenile who is convicted as an adult may face a jail or prison sentence in an adult correctional facility.

What Happens When a Juvenile is Charged with Assault or Battery?

The possible consequences of a juvenile battery charge or assault charge vary considerably. While that’s due in part to the same types of factors that impact the likely penalties for an adult crime, it’s also due in part to the many different paths the juvenile justice system can take.

For example, the prosecution in a juvenile delinquency proceeding has the option of “diverting” the minor into a program that may result in dismissal of the charges. In a diversion program, the juvenile will be required to do certain things, such as refraining from getting into any further trouble, perhaps undergoing counseling or doing community service, making restitution to victims if applicable, and possible other requirements.

While this is underway, the court will make no determination as to the merits of the case. If the juvenile successfully completes the diversion program, the case will be dismissed.

But, the consequences can be much more serious. The case may be scheduled for a juvenile trial–a process similar to an adult criminal trial, but without a jury–or the prosecutor may petition to transfer the case to adult court. A delinquency adjudication in the juvenile system may mean commitment to a juvenile detention center. If the case is transferred and the minor is convicted in adult court, he or she may face the same penalties as an adult convicted of the same crime.

Direct Filing in Adult Court

While the vast majority of juvenile cases are filed as delinquency petitions in the juvenile system, Florida prosecutors do have the discretion to file certain cases directly in criminal court. The prosecution may file adult charges against a child as young as 14, and may pursue adult charges against a child who is even younger through the grand jury process.

Available 24 / 7 Whenever You Need Us

Top Criminal Attorney in Jacksonville

Need an experienced criminal law firm in Jacksonville? Lufrano Legal is here to help you understand your options and take the next step.

Call 904.719.6101 or contact Lufrano Legal today to schedule your free criminal case review.
Matthew Lufrano
Lawyer Matthew Lufrano
Florida board criminal trial certification badge
Super Lawyers

Schedule Consultation

If Your Child Has Been Charged with Assault or Battery, Get Help

Juvenile charges can have serious and even lifelong consequences. That’s especially true with charges like assault and battery, since courts take crimes of violence very seriously and crimes against the person are the most common reason juveniles are detained. If your child is facing juvenile charges or is a minor who has been charged as an adult, it’s important that you have knowledgeable guidance and dedicated advocacy as early in the process as possible.

The juvenile justice system differs from the adult criminal courts system, which means not every Jacksonville criminal defense attorney has the knowledge and experience to skillfully navigate the juvenile justice system. So if you or one of your loved ones are facing a juvenile case don’t wait, reach out to the criminal lawyers of Lufrano Legal, P.A. today.

The initial consultation is free, so take this opportunity to gather the information you need to make the best decisions for your child’s future. Just call (904) 513-3905 to get started. Or, if you prefer, fill out the contact form on this site and we’ll reach out to schedule your free consultation.

Jacksonville Juvenile Assault & Battery Attorney FAQs

A battery charge in Florida generally alleges that a minor intentionally touched or struck another person against that person’s will or intentionally caused bodily harm. Physical injury is not required for every battery charge because unwanted intentional physical contact can be enough under Florida law.

For a minor, the case will often proceed through Florida’s juvenile delinquency system rather than adult criminal court. The potential outcome can depend on the child’s age, prior history, the facts of the incident, any injuries, and whether aggravating circumstances are alleged.

At Lufrano Legal, we encourage families not to dismiss an allegation simply because it arose from a school fight or impulsive confrontation. The defense starts with understanding exactly what conduct is alleged, what evidence exists, and whether the state can prove each required element.

No. Simple assault by a minor is not automatically a felony in Florida. Florida law generally classifies simple assault as a second-degree misdemeanor. Assault involves an intentional and unlawful threat to commit violence, an apparent ability to carry out the threat, and conduct that creates a well-founded fear of imminent violence.

More serious circumstances can lead to enhanced charges. For example, aggravated assault involves additional elements and can carry felony consequences.

When a juvenile is accused, the case may begin in the delinquency system. Certain serious offenses involving older juveniles can potentially be transferred to adult court under Florida law, but that depends on the child’s age, the alleged offense, and the applicable transfer procedure.

A 17-year-old accused of battery can be taken into juvenile detention, and some serious cases can potentially expose an older juvenile to adult criminal consequences. Juvenile detention is different from serving an adult jail sentence, but it can still mean being held away from home while the case is pending.

Many battery allegations involving 17-year-olds remain in juvenile court, where possible outcomes can include diversion, probation, community-based sanctions, or residential placement depending on the case.

Florida law also allows certain juvenile cases to be transferred for adult prosecution when statutory requirements are met. Whether that is possible depends on the age of the juvenile, the specific offense, prior history, and how the state chooses to proceed.

Families should seek legal guidance early, especially before the child gives statements about the incident or makes decisions that could affect the defense.

Assault generally involves a threat of imminent violence, while battery involves intentional unwanted physical contact or bodily harm. They are separate offenses under Florida law.

An assault allegation generally requires proof of an intentional threat, an apparent ability to carry out that threat, and conduct that causes the other person to reasonably fear imminent violence. Battery generally requires proof that the accused intentionally touched or struck another person against that person’s will or intentionally caused bodily harm.

That distinction can matter in juvenile cases arising from school fights, arguments, threats, or physical confrontations. The defense should focus on the exact conduct alleged and whether the state can prove the required elements of the charged offense.

For more information about the underlying offenses, see our page on Florida assault and battery charges.

If a child is taken into custody and placed in detention care, Florida law generally requires a detention hearing within 24 hours. At that hearing, the judge determines whether continued detention is legally appropriate and what conditions should apply while the case proceeds.

The court may consider the allegations, the juvenile’s history, risk-assessment information, public-safety concerns, and other factors allowed by Florida law. Depending on the circumstances, the child may be released, released with conditions, or ordered to remain in detention.

This is an important early stage of the case. Families may understandably want to immediately explain what happened, but statements made without understanding the evidence or legal consequences can create additional problems. A juvenile defense lawyer can advocate for release, address detention issues, and help protect the child’s rights from the beginning.

A juvenile placed into detention care in Florida generally must receive a detention hearing within 24 hours after being taken into custody. The judge then decides whether continued detention is permitted and what release or detention conditions should apply.

That 24-hour requirement applies to the initial detention hearing, not to the entire juvenile case. An assault or battery case may continue through charging decisions, discovery, negotiations, motions, diversion discussions, an adjudicatory hearing, or other proceedings depending on the circumstances.

Because important decisions can occur quickly after a juvenile is taken into custody, families should not assume they have weeks to begin addressing the case.

Some Florida juvenile records can eventually be expunged, but the rules are different from simply assuming the record disappears when the child turns 18. Florida law establishes specific retention and expunction rules for juvenile criminal history records.

For many juvenile records, the Florida Department of Law Enforcement retains the record for a period after the person reaches adulthood and later expunges it if statutory exceptions do not apply. Certain individuals who are at least 18 but younger than 21 may also be eligible to apply for earlier expunction if they meet Florida’s requirements.

Serious juvenile histories, later adult charges, and other circumstances can affect whether and when a record is expunged. Assault and battery can also create specific eligibility issues under Florida’s broader sealing and expunction laws.

Because juvenile record relief depends heavily on the disposition and later history, families should have the record reviewed before assuming it will automatically disappear. Learn more about sealing or expunging a criminal record.

Contact a juvenile defense lawyer as soon as your child is arrested, questioned, accused of assault or battery, or notified of a juvenile court hearing. Early representation can matter when detention, statements, school-related evidence, witnesses, and possible diversion options are still developing.

When choosing an attorney, look for a strong criminal defense focus, experience handling juvenile cases, courtroom experience, and clear communication with both the child and the family.

Matthew Ian Lufrano is certified by The Florida Bar in criminal trial law and has extensive criminal defense and trial experience. Lufrano Legal provides free, no-obligation criminal case reviews and is available 24/7.

If your child is facing an assault or battery allegation in Jacksonville, we can review the accusation, explain the juvenile court process, and discuss available defense options.