Simple assault, also known as misdemeanor assault, is a second degree misdemeanor in Florida that has some severe consequences. If convicted of simple assault, you face jail time and fines. In addition to these punishments, you also have to carry around the stigma that goes along with crimes people associate with violence. This is a heavy burden to bear.
If you are facing a simple assault charge in Florida, know that you do not have to go through this alone. The aggressive legal counsel at Herman Law, P.A. is here to fight for you against all charges every step of the way. Herman Law, P.A. will stand by you at a time when you need it most.
What is Simple Assault?
To secure a simple assault conviction in Florida, the prosecutor must prove three elements, which include:
- That you intentionally and unlawfully threatened, by word or act, to commit violence on the alleged victim;
- When the threat or violence was made, it appeared that you had the ability to carry out the threat; and
- The threat created a well-founded fear in the mind of the alleged victim that the threatened violence was about to take place.
For the first element, it is important to note that it is not an intent to hurt another person, but the intent to say something or do something that would make the alleged victim afraid of imminent violence. It does not make a difference whether you ever intended to actually carry out the threat of violence, just that you made the threat in the first place is enough.
The second element means that you must have had the apparent ability to actually carry out the threat you were making. If you were being restrained by police while you were shouting out threats, it would appear as though you would have no way of actually making good on those threats. Thus, simple assault could not be proven.
The third element is the “imminent requirement.” The alleged victim must have had a reasonable fear that the threatened violence was about to take place immediately, not at some time in the future.
Assault is often confused with battery, but battery is different in the way that physical harm actually occurs. With assault, there is no requirement of physical injury, or even of physical contact. It can also be difficult to sustain an assault charge if words alone were used in the incident. Florida courts have found that words alone are not enough. Some clear act must have accompanied the verbal threat.
In Florida, simple assault is a second degree misdemeanor. A simple assault conviction can result in up to 60 days in jail or 6 months probation and a $500 fine. Additionally, in Florida, a person convicted of simple assault is required to pay restitution. This can include things like paying the cost of counseling the victim received to cope with the assault.
Assault becomes aggravated assault if a deadly weapon is used or there is an intent to commit a felony. This is a third degree felony with penalties including up to 5 years in prison or 5 years probation and a $5,000 fine.
Aggressive Representation Here to Fight All Charges.
If you have been charged with simple assault, do not wait to get legal representation. These situations can quickly turn from bad to worse. Experienced attorney Ron Herman is here to relentlessly and aggressively fight for you. Trust Herman Law, P.A. to defend you against all criminal charges.