Assault

In Florida, simple assault is synonym with misdemeanor attack. What is simple assault? It is an illegal and intentional threat of violence to another person. It is intended to incite fear and create an imminent threat of harm or violence.
How do they prove assault at trial?

A trial is required to prove the assault occurred. Three facts must be established by the State beyond reasonable doubt.
1. The accused made an insinuating threat to the plaintiff by word or deed, in order to inflict violence on him.
2. The threat was made by the person who had the ability to execute it.
3. The victim was afraid that violence was coming.

What are the penalties for simple assault?

Simple assault is considered a second-degree misdemeanor. A sentence of up to 60 days imprisonment or 6 months probation can be imposed, along with a $500 fine.
Not Necessary Intent
It is not about intent to commit violence. The State must show that the victim was actually in danger by proving that the person intended to commit violence.
It doesn’t matter if the person intended to commit violence.
There is no need to make physical contact
To be charged with assault in Florida, you don’t have to put a finger on anyone. It is still considered assault if you hold a knife or brandish a weapon in front of another person.

Overt Acts Required
An assault is more than words. A person must also engage in an act that makes the victim fear actual violence.
A person who does nothing other than threaten to harm another person cannot be charged with assault unless they did something overt that was in keeping with the threat of violence.

Simple Assault Defenses
Simple assault can be defended. This is a subjective offense. There are no injuries and disputes over how the threat occurred. Let’s look at some of the most popular defenses.

* Self-Defense;
* The victim should not feel any fear.
* Stand your ground
* Protecting your home
* The victim provoked defendant
* A threat of insanity without any real intent to carry it out.
* False accusations
* The threat cannot be carried out

You Need LunaLaw.

Assault can be a serious offense. We can assist you in defending an accusation of simple or aggravated assault. Call us at (305)244-7777 if you’ve been charged with simple assault

What is Simple Battery/Misdemeanor Battery?

Simple battery, also known as misdemeanor batteries, is a misdemeanor in Florida. The penalty could include jail time, probation and a fine up to $1,000. If convicted, you could spend up to one year in prison. A simple battery charge is often defended in Miami Dade County courts. An experienced lawyer can help you mount many defenses. In many scenarios you likely need an attorney to steer clear of serious consequences.According to Section 784.03 of the Florida Statues, simple battery is defined as the following:

1. Any touching or striking of an individual that was not consented to (and intentional)
2. You caused or intended to cause physical harm to another person
If there is no other crime (use of a firearm, serious injury or domestic abuse), it is referred to simply as misdemeanor Battery.
You Must Have Intent
A simple battery charge cannot stick if there is no intent. To be considered a crime, it must be distinguished from other acts or be reasonably certain that it will result. The defendant must intend to touch the victim.
An accidental contact, even if it is not intentional, can’t lead to a battery case. The jury will decide if the defendant intended to do so.
Consent and Combat
You can defend against a battery case in cases of “mutual fighting”, when two people consent to a fight. Each person must have consented to fight before. “Mutual fighting” is an accepted defense against battery.
A jury will determine consent and examine all evidence to determine if there was mutual consent.
No injury requirement
A misdemeanor battery case does not have to be inflicted on the victim. A battery charge can be made by touching someone intentionally against their will. You must touch the victim against their will.