What constitutes assault in Florida?
There are different forms of assault in Florida. The most basic form of assault is known as simple assault. Florida law defines simple assault 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 violence is imminent.
Aggravated assault is an assault with a deadly weapon (without the intent to kill) or with an intent to commit a felony.
What are the penalties for assault?
Simple assault is a 2nd degree misdemeanor punishable by up to sixty (60) days jail.
Aggravated assault is a 3rd degree felony punishable by up to five (5) years prison.
The penalties of assault are further enhanced if the defendant commits the assault while possessing a “firearm” or “destructive device,” or commits the assault while in a detention facility, or if the victim falls into a certain category such as law enforcement officer, firefighter, emergency medical care provider, traffic accident investigation officer, code enforcement personnel, person 65 years of age or older, etc. . . .
What is the difference between assault and battery?
An assault involves the threat of violence coupled with the fear that the violence will occur. The main difference between assault and battery is that battery requires an actual “touching.”
Contact an Assault Defense Attorney
If you have been accused of assault in the State of Florida and would like to Contact an Assault Defense Attorney, please call 239-775-1004. Consultations are absolutely free and completely confidential.
The Law Offices of Verderamo & Nunez are committed to providing legal representation primarily in the fields of criminal law and personal injury law. While our offices are situated in Naples and Ft. Myers, Florida, we proudly represent clients throughout Collier and Lee Counties and their surrounding areas, including, but not limited to, Naples, Fort Myers, Bonita Springs, Estero, Cape Coral, Golden Gate, Immokalee, Lehigh, and Marco Island. The Law Office of Verderamo & Nunez is located at 2662 Airport Pulling Rd S Naples, FL 34112. For more information, call (239) 775-1004.