Under Florida Statute 784.011, Assault, or Simple Assault, can be defined 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.”
In Florida, Simple Assault is committed when:
- The accused defendant intentionally and unlawfully threatened to do violence to the alleged victim, by word or action
- The accused defendant appeared to be capable of carrying out the threat at the time the threat was made
- The threat made by the alleged defendant created a justifiable fear that the violence was going to take place
A conviction of a second degree misdemeanor carries with it a maximum of sixty (60) days in jail along with a fine up to $500.00, and/or 6 months probation.
- The words or actions were not intentional
- The assault occurred on the basis of words alone; there was no overt act that accompanied the threat
- The alleged defendant was not in close enough proximity to carry out the threat
- The alleged defendant did not have the immediate ability to carry out the threat
- False allegations
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Being accused of a crime such as Assault does not necessarily mean you are guilty or will be convicted.
There are many factual and legal issues that must be investigated and evaluated. Because of the complexities and penalties associated with an Assault charge, it is imperative that you speak with an experienced criminal trial lawyer right away.
If you or someone you know has been accused of a Simple Assault in the Pinellas County or surrounding areas, it is very important that you contact a knowledgable attorney immediately. Our team of attorneys, investigators, and experts are highly skilled in defending crimes and will begin building your defense today.
Contact us for a free analysis of your case at our local office located in Clearwater, Florida. Call Powers Sellers & Finkelstein, PLC today at (727) 531-2926 to learn about your legal options if you have been accused of Assault. Start building your defense immediately!