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MISDEMEANORS

Simple Assault
Florida Statute 784.011

If you have been arrested or charged in Polk or Hardee County, including any part of Winter Haven, Lakeland, Bartow, Auburndale, Haines City, Wauchula, or Bowling Green, contact Criminal Defense Lawyer Tonmiel Rodriguez today for a free consultation. 

Definition of "Assault"

Florida law defines the crime of "assault" (simple) as "an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent."

Possible Penalty for "Assault"

Assault is clasified as a Second Degree Misdemeanor. This means that, if found guilty, the person charged with assault can receive a sentence of up to sixty days in jail, six months of probation, and a $500 fine. Keep in mind that this is the highest possible sentence that a judge could impose, and not necesarily the sentence that a judge would impose in any individual case.


Enhanced Penalties for offenses involving Special Victims (Florida Statute 784.07)

Under subsection 784.07( 2)(a), Florida Statutes, simple Assault becomes a First Degree Misdemeanor, if the victim is a law enforcement officer, firefighter, or EMT. This means that a person found guilty of a this enhanced offense can receive a sentence of up to one year in jail and a $1000 fine.

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Possible Defense for Assault

As with any crime, a defense to Assault or Aggravated Assault can, if warranted, involve a denial of the allegations against the accused person, along with other general pre-trial and trial defenses.


However, there are three defenses that are specific to the charges of Assault and Aggravated Assault: (1) the threat was conditional (i.e. a conditional threat) (2) the threat involve words only and no action (i.e. an idle threat) (3) the alleged victim's fear was unreasonable (i.e. unreasonable fear).


A conditional threat is a threat that is conditioned on some other event occuring. For example, "come outside and I'll beat your ass" was found to be a conditional threat in LC v. State, 799 So.2d 330 (Fla. 5th DCA 2001). The court thought that this was a "conditional threat to do injury at some unspecified future time based upon a possible eventuality" and insufficient to sustain a conviction of Aggravated Battery.


An idle threat is a threat made without any "overt physical act," directed at the alleged victim, on the part of the accused person.

An alleged vicitm's fear is unreasonable if a reasonable person under similar circumstances would not believed that the defendant has an ability to carry out his threat or believe that violence is emminent.

Defense

YOUR RIGHTS

MY CALLING

If you or a loved one is facing criminal charges, it's crucial to have an experienced attorney on your side.  I will provide the guidance and legal representation you need to protect your rights and build the strongest defense possible.

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Charged With

Simple Assault
Florida Statute 784.011

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