Basic Information About Assault Cases
An individual can be charged with assault in Florida if they intentionally threaten by word or action to commit violence against another person. A common misconception is that physical contact or harm is a necessary element in all violent crime charges – with assault, however, this is not the case.
To convict a person of simple assault, the prosecution needs only to prove that the defendant threatened the alleged victim with physical harm in such a way as to incite fear that he or she was in danger of immediate harm. Aggravated assault is charged if the defendant carried a deadly weapon during the assault or if they assault the victim with the intention of committing a felony.
If you are accused of committing an act of actual physical violence, then you will likely be charged with the more serious crime of battery.
Penalties for Assault in Florida
Assault carries heavy penalties in the state of Florida. Sentencing for this crime will depend upon whether you are convicted of simple assault or aggravated assault.
Simple Assault – Second Degree Misdemeanor
- $500 fine
- Incarceration in county jail for a maximum of 60 days
- Probation for 6 months
Aggravated Assault – Third Degree Felony
- Fines up to $5,000
- Incarceration in state prison for a maximum of 5 years
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