Simple Assault Criminal Defense
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We are your Simple Assault criminal defense attorneys in Florida.
Under Florida Law criminal simple assault is a second degree misdemeanor. An assault occurs when a person, by word or act, makes an intentional threat to commit violence towards another person, has the apparent ability to carry out the threat, and does some act which creates a well-founded fear in the other person that such violence is imminent.
Proving Criminal Assault in Florida
To prove the crime of assault the State must establish three factual elements. The standard of proof is “beyond a reasonable doubt.”
- The defendant intentionally and unlawfully threatened violence upon the alleged victim by word or act;
- The defendant appeared to have the ability to carry out the threat at the time the threat was made; and
- The threat created in the mind of the alleged victim a well-founded fear that the violence was about to occur.
Penalties for Assault
Florida law classifies simple assault as a second degree misdemeanor, with penalties of up to sixty (60) days in jail or 6 months probation, and a $500.00 fine.
Requirement of an Overt Act
An assault cannot occur on the basis of words alone. Florida appellate courts have consistently held that a defendant must also engage in an overt act rendering the victim’s fears of imminent violence reasonable.
For example, a defendant, who stands idle threatening to kill a person cannot be convicted of assault unless an overt act accompanies the threat and caused reasonable fear of imminent violence.
Criminal Simple Assault Defense
Simple Assault is a highly defensible charge. Defenses abound due to the highly subjective nature of the offense, an absence of physical injuries due to the lack of contact commensurate with the crime, and disputes over facts and circumstances over exactly how the incident occurred.
Common defenses raised by your simple assault criminal attorney include defense of self, property or others, stand your ground defense, threats were vague or idle, absence of imminence of threat, false allegations, alibis, no present ability to carry out the threat, absence of intent to threaten, absence of threat, absence of reasonable fear and provocation by the alleged victim.
We will zealously defend your freedom and rights to the fullest extent of the law.
We’re changing the way people think about lawyers.
We understand the life-changing worry, aggravation, fear and stress that accompany charges of assault in Florida because we’re people.
We also happen to be Florida criminal assault attorneys.
We can help you.
Our Florida criminal assault lawyers serve clients in Palm Beach County, Broward County, Miami Dade County, and most other Florida cities and counties.
We handle criminal assault arrests and charges in Palm Beach, Broward, Miami Dade County and throughout Florida.
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