Assault Charges in Florida
If accused of an Assault in Florida, you need to know the:
Definition of Assault
Under Florida Statute 784.011, the crime of Assault occurs when a person:
- Makes an intentional and unlawful threat - by word or act - to commit violence against another person;
- With the apparent ability to carry through with the threat at the time it was made; and
- The threat created a genuine fear in the intended victim that the violence was imminent.
If the Assualt is made with a deadly weapon (i.e. brandishing a weapon) or while committing a felony offense, the assault constitutes an Aggravated Assault and is prosecuted as a felony.
Assault versus Attempted Battery
Notably, an Assault is not the same thing as an Attempted Battery. An Assault is a threat to commit a violent act - an Attempted Battery is the actual commission of the violent act, albeit unsuccessfully.
Penalties for Assault
The crime of Assault is a Second Degree Misdemeanor in Florida.
If convicted of Assault, a judge can impose any combination of the following penalties:
- Up to sixty (60) days in jail.
- Up to six (6) months of probation.
- Up to $500 in fines.
Public Safety Reclassification
Florida enhances the possible penalties for the crime of assault if the victim falls into one of the following categories:
- Emergency Medical Care Provider
- Law Enforcement Officer
If the victim falls into one of these categories, the assault charge if reclassified from a Second Degree Misdemeanor to a First Degree Misdemeanor.
Defenses to Assault
A statement that sets out a conditional threat to commit a violent act at some unspecified point in the future based upon a possible eventuality does not constitute an assault (although it could constitute another crime such as Disorderly Conduct).
If, while being "threatened", the accuser was taunting the defendant or did not actually believe the defendant would follow through with the threat, then a later claim of assault - usually because of pettiness - will be ruled unreasonable because the accuser did not actually feel threatened.
Contact Criminal Defense Lawyer Richard Hornsby
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