If you threaten someone and they feel scared or fear they'll be harmed with violence, the police can charge you with assault.
The Definition of Assault in Florida
A threat of violence defines assault and the feeling of fear it creates. For a threat to rise to the level of criminal assault, three essential elements must be present:
- The accused must have intentionally threatened violence through words or actions
- The accused must be capable of carrying out the threat
- The victim's fear for their safety must be reasonable
Simple Assault: Understanding the Misdemeanor Offense
Without aggravating factors, the charge is classified as a second-degree misdemeanor, which can lead to 60 days in jail and a $500 fine.
Aggravated Assault: When Threats Become Felonies
Simple assault becomes aggravated assault if the accused carries a weapon. Aggravated assault is a third-degree felony. Penalties may lead to five years in prison and a fine of up to $5,000.
A weapon can be a firearm, knife, or even an ordinary object such as a bar stool, broken bottle, or baseball bat. Explicit death threats also carry weight in aggravated assault charges.
Special Protection for Public Servants
Florida law protects specific groups of officials, categorizing threats against them as aggravated assault:
- Emergency medical providers
- Police officers
- Firefighters
- Public transport employees
Intent and Assault
The prosecution must prove the threat was intentional, but not that the accused intended to carry out the threatened violence. Severe threats during the commission of another felony deserve stricter punishments.
Defending Against Assault Charges
Common defense strategies:
- Challenging the intentional nature of the alleged threat
- Questioning whether the accused appeared capable of carrying it out
- Disputing the reasonableness of the victim's fear
For aggravated assault, criminal defense attorneys may argue for reduction to simple assault by challenging the aggravating factors.
You should not attempt to contact the alleged victim, even with good intentions. Recording the alleged incident and maintaining supporting documents (videos, witness statements, police report) is essential.
Long-term Consequences of Assault Convictions
An assault conviction can affect employment, housing, and professional licensing. It may also cause civil culpability if the victim seeks compensation.
Speak to a Miami Assault Lawyer Now
Assault charges in Miami need careful attention. Talk to a lawyer now.
