Assault in Florida

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Assault is among the most common violent crimes charged in Broward, Miami, and Palm Beach Counties. 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, generally. However, it should be noted that special laws increase the severity of the crime if the victim is one of a few special classes, including law enforcement officers, persons over 65 years of age, firefighters, disabled, etc. Regardless, the importance of consulting a qualified Assault Defense Attorney cannot be overstated.

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. Contact us 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 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. Contact us now for your free consultation.