Assault & Simple Assault Charges
Simple Assault is a second degree misdemeanor punishable up to 60 days in the county jail, up to 6 months of probation, up to a $500 Fine, and some additional court costs and junk fees as set by the court. According to Florida Statute 784.011, assault is defined 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 violent is IMMINENT. That sounds like a lot of legal jargon, but the law is set forth by the legislature and is spelled out in the assault jury instruction. There are many instances when a person is charged with assault, but the facts of the case do not meet the legal requirements for the prosecutor to prove the case. It is imperative to speak with an attorney if charged with this offense to evaluate the strength of the case against you.
If you have been charged with assault or a simple assault anywhere in the state of Florida, call our office today to speak with one of our criminal defense attorneys during a free consultation about how we can help defend your battery case.