What is assault in Florida?

The crime of Assault is a Second Degree Misdemeanor in Florida which is punishable by up to a 60 days in the county jail and a $500.00 fine. If convicted a person could also receive probation or some combination of jail and probation for up to six months.

This offense occurs when a person:

  1. Intentionally and unlawfully threatens, either by word or act, to do violence to another.
  2. At the time, of the threat or act the person appeared to have the ability to carry out the threat.
  3. The words or acts created in the mind of the victim a well-founded fear that the violence was about to take place.

Defenses to Misdemeanor Assault

Some of the defenses to Misdemeanor Assault are:

  • Self-Defense
  • Defense of Others
  • Absence of Intent  1.
  • No present apparent ability to carry out the alleged threat. 1.
  • A Threat into the Future
  • Stand Your Ground
  • Absence of a well-founded fear on the part of the alleged victim. 1. 2.
  • A Conditional Threat

References:

Johnson v. Brooks. 567 So. 2d 34 (Fla. 1st DCA 1990).

Battles v. State. 288 So. 2d 573  (Fla. 2nd DCA 1974).

Contact Criminal Defense Attorney Glenn M. Swiatek for a Free Initial Consultation in Destin, Shalimar, Crestview, Ft. Walton Beach and other areas of Northwest Florida

If you have been arrested or believe you will soon be arrested for the offense of misdemeanor assault in Destin, Shalimar, Crestview, Ft. Walton Beach or other areas of Northwest Florida please call us today at (850) 609‑0940 or contact us online.

Initial Office Consults are free, and I will make myself available to suit your schedule. Get the peace of mind that an attorney with over twenty-three years of criminal law experience can bring.

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