Florida law defines an assault as an intentional, unlawful threat to do violence to another person, coupled with an ability to carry it out, and doing some act that creates a well-founded fear of imminent harm in another person.
Simple assault is a second-degree misdemeanor punishable by up to 60 days in jail and a fine of up to $500.00. An assault or battery can have aggravating factors that can increase the severity of punishment, such as using a gun or weapon. Significantly, anything can be used as a weapon, such as a thrown glass, cell phone or even a ham sandwich! Use of a weapon may increase a misdemeanor to a felony. A 3rd degree felony is punishable by up to five years in prison and a $5000.00 fine.
It is important to understand that an assault need not result in physical harm. A threat of harm may be enough to be charged. Below are some examples:
The circumstances of your case will determine if you are charged with a felony or a misdemeanor. Regardless, it is important to have sound legal representation.
Philpott Law is uniquely qualified to represent you are charged with an assault or battery. Mr. Philpott is a former prosecutor and as such has understands the charges and, importantly the defenses that may be raised. Let us help you, call 386-873-2884 to discuss your case.
Let us at Philpott Law develop a winning defense strategy for you! Call 386-873-2884 for a free, no obligation, consultation and case evaluation today!