Assault Charges in Florida

If you’ve been charged with assault in Florida, here are a few details you’ll want to know to help protect yourself against Florida assault charges.

The Florida assault statute is specific. As such, the prosecution will need to prove many elements and details. An assault is defined as “an intentional, unlawful threat by word or act to do violence to another.” But, for it to be an assault, the prosecution must prove an apparent ability to commit violence and create a well-founded fear in the other person. If the prosecution misses even one of these elements, it could lead to an acquittal. A simple assault charge in Florida is a second degree misdemeanor that’s punishable up to 60 days in the county jail.

An aggravated assault is similar to a simple assault, except the prosecution must prove one additional element: that a deadly weapon was used without the intent to kill, or there was intent to commit a felony. Aggravated assault is a third degree felony punishable up to 5 years in Florida State Prison.

Don’t confuse assault with battery. An assault only requires that some act of violence was threatened, and that the person was placed in immediate fear. A battery requires that the victim be touched or struck in some way. There is no requirement that they be harmed, only that they were touched and it was against their will.

To defend your rights against Florida assault charges, contact an experienced Tampa criminal defense attorney.