The crime of assault is often confused with battery. Often, people will use one term when they mean the other, or they even group the terms, saying “assault and battery.”
Swapping the crimes like this is reasonable. They are often charged together, and the penalties can be the same for each.
Legally, however, there is a distinction between the two. Battery involves direct contact. Kicking someone, punching them, or hitting them with a stick qualifies as battery.
Assault is generally more indirect. It can include threats, balling your fist at someone, or even attacking someone nonviolently. Recently, for example, two women were arrested for throwing a glitter bomb at someone, and they were charged with assault.
Here is a broad overview of Florida’s assault laws and penalties.
Defining Assault in Florida
To charge someone with assault, the state requires that the assailant perform an overt action. It is not enough to simply yell a threat across the bar. The alleged offender must invade someone’s personal space, ball up their fist, lunge forward, or make some other obvious, observable move.
Florida also has two categories of assault, simple and aggravated.
Simple Assault in Florida
In Florida, someone commits simple assault when:
- They make an intentional threat of violence against another
- They appear capable of carrying out this threat
- They commit an act (such as the overt acts described above) that makes the other person believe the threat is credible and imminent
Aggravated Assault in Florida
In Florida, someone commits aggravated assault when:
- They make an intentional threat of violence against another
- They appear capable of carrying out this threat
- They commit an act that makes the other person believe the threat is credible and imminent
- They commit the assault with a deadly weapon, or they intend to carry out the assault
As you can see, that last standard is what separates simple and aggravated assault.
It’s important to elaborate on the “intent” portion of that standard. Imagine someone chasing a victim down an alley. They are much bigger than the other person, in a rage, and clearly want to cause harm. At the last minute, the victim slips through a narrow passage and gets away. Because the attacker didn’t succeed, they could receive a lesser sentence, but the intent to harm was present, so they could still be charged with aggravated assault.
Assault Penalties in Florida
Simple Assault
- 2nd degree misdemeanor
- Jail or probation for up to 6 months
- Fines up to $500
Aggravated Assault
- 3rd degree felony
- Prison or probation for up to 5 years
- Fines up to $5,000
Secure a Good Defense
Florida is tough on assault charges. It doesn’t tolerate this crime, and it often “throws the book” at alleged offenders. If you’ve been accused of assault, you need a good defense to preserve your freedom. Remember, you are innocent until proven guilty, and you have a right to defend yourself no matter the charge.
Our firm is here to help with your assault case. For a free consultation, call us today at (904) 701-0591. You can also schedule time with us online. **Consultation fees may apply to family law consultations.