Assault

Assault and battery are often charged together, but they are separate offenses under Florida law. Understanding the difference between these two crimes is critical, as each carries different legal consequences.

Assault is the intentional act of causing someone to fear that they are about to suffer physical harm. It doesn’t necessarily involve physical contact. For example, if someone threatens to hit you and you believe that they are capable of carrying out the threat, that could be considered assault.

Battery, on the other hand, involves the intentional and unlawful touching of another person without their consent. It’s the actual physical contact that results in harm or offense. For instance, if someone hits you, that would be considered battery.

Even though assault is basically a verbal threat, it’s not something you should take lightly. A conviction for assault can affect you in many ways. You will have a criminal record that will stay with you for the rest of your life. An assault on your criminal record will negatively affect your career, education, housing, and government benefits. It can also damage your family and social relationships.

As you can see, there’s a lot at stake. You need quality representation for your case. A Broward assault attorney from The Franklin Law Firm can help you determine the best way to proceed with your defense.

Law enforcement in Florida takes assault very seriously. Simple assault is considered a misdemeanor, but aggravated assault is charged as a felony.

Simple assault is considered a second-degree misdemeanor. If you are convicted of simple assault, penalties could include up to 60 days in jail, a $500 fine, and six months of probation.

Aggravated assault is a third-degree felony. It involves either assault with a deadly weapon or assault during the commission of another felony. Penalties for aggravated assault may include up to five years in prison, five years of probation, and a $5,000 fine.

Under Florida law, assault involves the following:

• An intentional, unlawful threat by word or act to do violence to someone
• An apparent ability to do so
• Doing some act that creates a fear in another person that such violence is imminent.

Note that you do not actually have to carry out an attack to be charged with assault. As long as there is a threat that is intentional and makes another person reasonably fearful that there will be an act of violence, you can be charged with assault.