Simple Assault

According to the statute, an individual can be charged with simple assault if they intentionally and unlawfully threaten, either by word or act, to do violence to another person and at the time have the apparent ability to carry out the threat.

The key elements of simple assault in Florida include:

• Intent: The individual must have the intent to threaten another person with violence.

• Unlawful Threat: The threat made must be unlawful, meaning it is not justified or protected by law.

• Apparent Ability: The person making the threat must have the apparent ability to carry out the threat at the time it is made.

  
  

It's important to note that actual physical contact is not necessary for an assault charge; the focus is on the intentional and unlawful threat and the ability to carry it out.

Penalties for Simple Assault

Simple assault is classified as a second-degree misdemeanor in Florida, and if convicted, a person may face penalties such as fines, probation, or even jail. The maximum penalties for assault are any combination of:

·       Up to $500 fine

·       Up to 60 days in the county jail

·       Up to 6 months probation

Enhanced Penalties:  Florida law protects certain groups of individuals in the public sector and enhances the penalties for crimes committed against them.  If an assault is committed against an emergency medical care provider, firefighter, or law enforcement officer, it is enhanced from a second‑degree misdemeanor to a first-degree misdemeanor.

Defenses to Simple Assault

Defenses to assault charges in Florida can vary depending on the specific circumstances of the case. It's important to note that each case is unique, and the viability of defenses may depend on factors such as evidence, witness testimony, and applicable laws. Here are some common defenses that may be raised in assault cases:

• Self-Defense: If the accused reasonably believed that they were in imminent danger of harm and used force to protect themselves, it may be a valid self-defense claim. The force used must be proportional to the perceived threat.

  
  

• Lack of Intent: Assault requires the intentional threat of violence. If it can be shown that there was no intent to threaten or that the threat was not made willingly, it is a defense.

  
  

• Conditional Threat: When the defendant offers to commit violence against another person contingent upon an event that may occur in the future, it is a conditional threat.  Because there is no apparent ability to carry out the threat at the time it is made, this is a defense to assault. 

  
  

• Unreasonable Fear: If an assault victim claims that they were fearful, but no reasonable person would believe they were in imminent danger, it can be a defense to assault.  Their fear may have been the result of paranoia or imagination. 

  
  

• Consent: If the alleged victim consented to the actions that would otherwise constitute assault, it may serve as a defense.

  
  

• No Apparent Ability: If the accused did not have the apparent ability to carry out the threat at the time it was made, it is a defense.

If you or someone you know is facing a simple assault charge, contact Howeller Law, P.L.L.C. today. Consultations are always free.