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Juvenile Assault / Battery (Fighting)

It’s not uncommon for children to get into arguments with one another . They will make threats and fight over disputes that seem pointless. No one wants to receive a phone call from their child’s school telling them their child been in a fight and the police have been called.

You may think that kids will be kids and the situation will blow over, but not every parent feels the same. If the injuries are severe enough, the alleged victim’s parents may threaten to press charges. If your child is being investigated for assault or battery, you should contact an attorney right away.

Juvenile Defense Attorney for Assault / Battery

By visiting this page, you already understand the seriousness of the charges against your child. Mark Germain and Bryan McCarthy will listen to your story and find the best legal options available for your child. Do not try to deal with the juvenile justice system on your own.

The Law Offices of Germain & McCarthy will aggressively advocate on your child’s behalf and do everything they can to achieve the best possible results for their situation. The sooner you retain legal representation, the better your child’s chances of a more favorable outcome in court.

To schedule a free case consultation with the Law Offices of Germain & McCarthy, call (321) 253-3447 or submit your information in the online contact form. We represent juveniles in counties that include Brevard County, Volusia County and Indian River County.


Information Center

  • How Does Florida Define Assault and Battery?
  • Juvenile Penalties for Assault / Battery
  • Diversion Expungement
  • Additional Resources

How Does Florida Define Assault and Battery?

Even if your child doesn’t lay a figure on anyone, they can still be charged with assault under section 781.011 of the Florida Statute. According to the statute, assault is:

  • The intentional and unlawful threat by word or act to be violent towards another, having the ability to cause such harm and causing the other person to believe they are in danger

Battery is similar to assault. The two offenses are so similar that they typically occur as part of the same offense. Section 784.03 of the FS defines battery as the:

  • Actual and intentional touching or striking of another person against their will or intentionally causing bodily harm to another person.

If your child is tried in adult court, they could be charged with a second-degree misdemeanor if they are found guilty of assault. A second-degree felony can result in up to 60 days in jail and a fine that can cost up to $500.

Battery, on the other hand, is charged as a first-degree misdemeanor that is punishable by up to a year behind bars and a fine that can cost up to $1,000.


Juvenile Penalties for Assault/Battery

If your child is younger than 18, they will likely be prosecuted through the Florida Department of Juvenile Justice and not the traditional court system. It should be noted that the closer your child is to 18, the greater their chances of being tried in adult court.

Under the DJJ, a minor cannot be sentenced to time in county jail. Instead, they are typically sentenced to house arrest, probation or juvenile detention. When a child is arrested for assault/ battery, they will be taken to the DJJ where a counselor will determine their risk level.

Normally, there is a 21-day limit on the amount of time a child can spend in secure detention, but it can last for up to 30 days. Unless your child’s case involves aggravating factors such as using a deathly weapon, intending to kill the alleged victim or commit a felony, they will be released to you.

Probation is another common penalty handed down in juvenile crimes. Certain conditions must be met during your child’s probation period. Some of these conditions include:

    • Community service
    • Attend school full time
    • Submitting to random alcohol and drug testing
    • Attending individual or family counseling
    • Pay restitution

Diversion Expungement

Florida courts do everything they can to prevent juveniles from having a criminal record as a young age. Most second-degree misdemeanors committed by juveniles can be removed from your child’s record if they complete a diversion program.

One of the programs offered in Brevard County is the Prosecution Alternatives for Youth, also known as PAY. This diversion program acts as an informal alternative to prosecution through the juvenile system. It also provides early intervention and rehabilitation for juveniles.

There are two options available under PAY: Teen Court and Community Arbitration Program. Teen Court allows the juvenile to have their case hear by a jury of their peers. Teen volunteers make up the judiciary system and they assign sanctions that include community service, written apologies, essays, substance abuse classes and teen court jury duty.

Community Arbitration Program allows for your child to have their case heard in front of a trained community arbitrator. The arbitrator will assign sanctions that are similar to those in teen court.

Participation in this program is a privilege. Once your child has gone through the process, their charges will be dropped. Failing to complete the program will result in your child’s case being returned to court for formal prosecution.


Additional Resources for Juvenile Assault/Battery

Assault and Battery | Florida Statutes – Follow this link to read the precise legal definition of assault and battery. You can also learn about aggravated factors of each crime and how they are penalized. The code can be read on Online Sunshine, the official website of the Florida Legislature.

Diversion Program Finder | Florida Juvenile Justice System– Visit the official website of the Florida Juvenile Justice System to find diversion programs in your area. The site allows you to find programs based on county and judicial circuit.


Juvenile Defense Lawyer in Melbourne, FL

No parents expect their child is capable of committing a crime, and the Law Offices of Germain & McCarthy understands how alarming this situation is. If your child is convicted, they could have a mark on their criminal record that can affect their future opportunities. To mitigate this factor, you should contact Law Offices of Germain & McCarthy.

To schedule a free case consultation, call (321) 248-7742 or submit your information in the online contact form. We represent clients in areas that include Sharpes, Port Canaveral, Cocoa Beach, Cocoa West, Palm Shores, Grant-Valkaria and many more.

Why Hire Germain & McCarthy?

  • Our attorneys have over 20 years of combined experience.
  • We have an exceptional reputation & hundreds of happy clients.
  • Our attorneys have a proven track record in handling cases like yours.
  • We offer free consultations to all of our clients no matter the case.
  • We are available and accessible 24/7 for all of your legal needs.