Just so you guys understand....
In Florida "assault" is when somebody legitimately frightens you with the threat of imminent violence. If I threaten you with a knife, that is assault with a deadly weapon. If we're talking on the phone long distance it's not assault because I'm not in a position to make good on my threat.
"Battery" is an unwanted, unprivileged touching. If I pinch your ass or slap your face against your will, that is battery.
So if I shake my fist in your face and then punch you, it is assault and battery. If I punch you from behind and you don't see it coming, it is just battery.
An innocent bump in a crowded bar or elevator is not a battery.
Is her right hand in the air an assault? For one, I don't think it's a cocked, clenched fist and regardless, I don't think it put him in legitimate fear of anything. Clearly, Willie Meggs agrees.
Him forcibly grabbing her wrist and hair and pinning it against her chest/throat is a battery.
Her lashing out trying to free herself from his grasp is privileged...it's self defense.
His punching her is another battery.
Alex.