The law takes assault charges seriously. Whether you’re a first-time offender or have a history of criminal charges, being aware of the implications of a simple assault charge can be crucial in helping you navigate the complexities of the legal system.
What constitutes simple assault in Florida?
Simple assault is an intentional threat by word or action to inflict violence on another person. It’s paired with an apparent ability to do so and actions that create a justifiable fear in another person that such violence is about to happen. Physical contact is not a requirement for a simple assault charge and can be any of the following:
- Raising a fist: Raising your fist or making a threatening gesture as if you are going to strike someone, causing them to fear imminent harm.
- Attempting to hit: Swinging at someone to hit them but missing.
- Threatening with an object: Waving or brandishing an object, like a stick or a bottle, in a threatening manner that causes someone fear.
- Threatening verbally: Telling someone you will harm them in a way that makes them believe you are capable and serious about carrying out the threat.
- Behaving aggressively: Engaging in aggressive behavior, such as lunging at someone in a way that makes them dread an attack.
A simple assault charge in Florida is typically a second-degree misdemeanor. If convicted, you could face up to 60 days in jail, a fine of up to $500 or both. Additionally, the court may require you to complete probation, community service and anger management courses.
Long-term implications
Beyond the immediate penalties, a simple assault conviction can have long-term consequences. It can affect your employment opportunities, housing applications and, in some cases, your right to own a firearm. Moreover, a criminal record can impact your reputation and personal relationships.
The importance of legal representation
There are several defenses that may apply to simple assault charges. Common defenses include the following:
- Self-defense or defense of others
- Lack of intent
- False accusations
- Absence of a well-founded fear in the alleged victim
Each case is unique and the applicability of these defenses depends on the specific circumstances of the incident. A legal professional may help you understand the charges, potential defenses and the recommended course of action. They may negotiate with prosecutors and ensure your rights are protected throughout the legal process.
