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Assault Charges in Florida

If accused of simple Assault in Florida, you need to know the:

• Definition of Assault
• Penalties for Assault
• Defenses to Assault

Definition of Assault

The crime of Simple Assault has three elements:

1. An intentional and unlawful threat - by word or act - to commit violence against another person;
2. The apparent ability to carry through with the threat at the time it was made; and
3. The threat created a genuine fear in the intended victim that the violence was imminent.

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

Simple Assault is a Second Degree Misdemeanor punishable by any combination of 60 days in jail, 6 months of probation, or a fine up to $500.

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
• Firefighter
• 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

There are two primary defenses (other than false allegations) to allegations of assault:

1. Conditional Threat
2. Unreasonable Fear

Conditional Threat

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).

Unreasonable Fear

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.

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The material on this page represents general legal advice. Since the law is continually changing, some of the provisions contained here may be out of date. It is always best to consult a criminal defense attorney about your legal rights and responsibilities regarding your particular case.

The hiring of a Florida criminal lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice or the formation of a criminal defense lawyer / client relationship.

Contact Criminal Defense Lawyer Charley Demosthenous

If you have been arrested or charged with a crime, please contact Tampa Criminal Defense Attorney Charley Demosthenous today. The sooner you contact me, the sooner I can establish a defense on your behalf.

The initial consultation is free of charge and I will inform you of possible defense strategies and/or remedies. I am available 24 hours a day, 7 days a week. (813) 857-8237

Serving all of the Tampa Bay Area and Throughout Florida.

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William S. Foley, P.A.
Divorce and Family Law

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