In Florida, an Assault is just a threat. This can be confusing as other states may refer to striking someone or touching someone unlawfully as assault. Striking or unlawfully touching someone in Florida is called Battery, of which there are several categories.
Assault, sometimes called Simple Assault or Misdemeanor Assault, is intentionally threatening someone, by word or act, and placing them in actual fear. It is a second degree misdemeanor punishable by 60 days in jail and a $500 fine.
Aggravated Assault is threatening someone with a deadly weapon or threatening someone while intending to commit a separate felony, with the apparent ability to carry out the threat, and placing that person in reasonable fear that the threat will be carried out imminently.
Florida classifies certain crimes, Assault being one, as "Domestic Violence" if they occur between "family or household members." This designation triggers certain requirements in sentencing and can permanently prevent a person from holding certain jobs, getting approved for housing, and can lead to deportation.
Assault is defined in Florida Statute §784.11 as when one person intentionally and unlawfully threatens another person in a way that creates fear in that other person that physical harm or violence is about to happen. The threat can be oral or by act. Assault under Florida Law is considered a violent crime and is a second degree misdemeanor, punishable by prison time of up to 60 days and a fine of up to $500.
DEFINITION OF ASSAULT IN FLORIDA
The crime of assault as defined by § 784.011 involves the threat of violence, by either word or act, and the ability to carry through on the threat. It also requires that the person being threatened fears there is a very real chance the violence will happen.
The State’s attorney must prove the defendant is guilty of assault by establishing all three of the following occurred:
(1) The defendant intentionally and unlawfully threatened, by word or act, to do violence to another.
(2) The defendant had the apparent ability to carry out the threat of harm at the time the threat was made.
(3) The defendant’s words or actions created a well-founded fear in the other person of an imminent act of violence.
If you have been charged with assault in South Florida, you need to speak with a criminal defense attorney right away to ensure your rights are protected. The Law Office of Sean Clayton, P.A., can help you better understand your situation and your options. Call today for your free consultation.
DEFENSES TO ASSAULT IN FLORIDA
Assault is a violent crime and a serious criminal offense. Under Florida law, the defense for an assault depends on the specific circumstances, and may include:
(1) Self Defense or Defense of Other(s)
(2) Stand Your Ground
(3) False accusation / misidentification
(4) There was no apparent ability to carry out the alleged threat
(5) Circumstances would have prevented carrying out the alleged threat, for example distance or barriers
(6) The defendant’s actions were purely accidental with no criminal intent
(7) The alleged threat was to commit a violent act in the future or contingent on something else happening first (conditional threat)
PENALTIES FOR ASSAULT IN FLORIDA
Under § 784.011, assault is a second degree misdemeanor punishable by imprisonment not exceeding 60 days and a fine that shall not exceed $500, as provided in § 775.082 and § 775.083. However, this is just a maximum possible sentence. First the State of Florida must prove their case. Even if convicted by plea or trial, many alternatives can be worked out based on the facts, criminal history, aggravators and mitigators. An attorney can help highlight the strengths and weaknesses and focus your defense.
CONTACT US
If you or a loved one has been accused of a crime of Assault or Aggravated Battery, we can help. We will gladly meet with you in our office in Fort Lauderdale, Orlando, or West Palm Beach. We serve clients all over Florida, with a focus in South Florida, including Miami-Dade County, Broward County, and Palm Beach County. Call us now for your free consultation.
Florida Statute §784.021 defines the crime of Aggravated Assault as an intentional and unlawful threat against another person with a deadly weapon, or with the intent to commit a felony, which creates a well-founded fear that the threatened violence or harm is imminent. A “deadly weapon” is any weapon that is used or threatened to be used, in a manner likely to cause death or serious bodily injury. So, threatening to open a champagne bottle while pointing a cork at someone might be less likely to be found a deadly weapon, but threatening to hit them over the head with a champagne bottle may more likely qualify. The same item, two different results. Intent to commit a felony comes up when someone issues a threat during a robbery or other violent felony.
DEFINITION OF AGGRAVATED ASSAULT IN FLORIDA
To prove the crime of Aggravated Assault, the State of Florida must prove the following four (4) elements:
(1) The accused intentionally and unlawfully threatened, by word or act, to do violence to the alleged victim,
(2) At the time the threat was made, the accused appeared to have the ability to carry out the threat,
(3) The accused’s threat created in the mind of the alleged victim a well-founded fear that the violence was about to take place, and
(4) The assault was made either with a deadly weapon or with a fully formed conscious intent to commit a felony.
DEFENSES TO AGGRAVATED ASSAULT IN FLORIDA
A person accused of Aggravated Assault has all the traditional defenses of an Assault, to include:
(1) Self Defense or Defense of Other(s)
(2) Stand Your Ground
(3) False accusation / misidentification
(4) There was no apparent ability to carry out the alleged threat
(5) Circumstances would have prevented carrying out the alleged threat, for example distance or barriers
(6) The defendant’s actions were purely accidental with no criminal intent
(7) The alleged threat was to commit a violent act in the future or contingent on something else happening first (conditional threat)
(amongst others…)
However, there are additional defenses available addressing the deadly weapon or intent to commit a felony. As noted above, the designation of an item as a deadly weapon is a matter of the nature of the object and manner in which it was threatened to be used. Likewise, perhaps one’s intent was not to commit a felony, but to prank someone and it was horribly misinterpreted. At the end of the day, a case turns on facts and evidence to support those assertions. The State of Florida has the burden and it is a high one. All a defendant needs do is introduce a reasonable doubt. An experienced attorney can help narrow down the evidence and focus your defense to highlight doubts which may be raised.
PENALTIES FOR AGGRAVATED ASSAULT IN FLORIDA
Aggravated Assault is classified as a third degree felony, punishable by up to five (5) years in prison, five (5) years of probation, and a $5,000 fine. It is a Level 6 offense, which does not score mandatory prison, but it is well within the discretion of the judge. That said, many factors go into sentencing, should it come to that. Hiring an experienced lawyer will aid you in negotiating a better sentence or arguing before the judge should negotiations with the State fall through.
Aggravated Assault with a Firearm used to be treated differently, with a three (3) year minimum mandatory sentence. That is no longer the case, but it still draws considerable judicial scrutiny if that is the charge.
CONTACT US
If you or a loved one has been accused of a crime of Assault or Aggravated Assault, we can help. We will gladly meet with you in our office in Fort Lauderdale, Orlando, or West Palm Beach. We serve clients all over Florida, with a focus in South Florida, including Miami-Dade County, Broward County, and Palm Beach County. Call us now for your free consultation.
Copyright © 2020 The Law Office of Sean Clayton, P.A. - All Rights Reserved.
Powered by GoDaddy