David M. Edelstein, P.A.

Under Florida law, simple assault is defined as an intentional, unlawful threat by word or act to do violence to another person, coupled with an apparent ability to do so, and doing some act that creates a well-founded fear in such another person that such violence is imminent. Simple assault is a first-degree misdemeanor, punishable by up to a year in jail and a fine of up to $1000.

It is important to note that simple assault is a separate offense from aggravated assault, which involves the use of a deadly weapon or the intent to commit a serious injury. Aggravated assault is a third-degree felony, punishable by up to 5 years in prison and a fine of up to $5,000.

To be convicted of simple assault, the prosecutor must prove beyond a reasonable doubt that you made an intentional, unlawful threat to do violence to another person, that you had the apparent ability to carry out the threat, and that your actions caused the victim to fear that the violence was imminent. It is not necessary for the victim to have been injured for you to be found guilty of simple assault.

There are several defenses to assault charges in Florida that a criminal defense attorney may raise on behalf of a defendant. Some possible defenses to assault charges include:

• Self-defense: If the defendant used physical force or threatened to use physical force against the victim to protect themselves or another person from imminent harm, they may be able to claim self-defense as a defense to assault charges.
• Defense of others: If the defendant used physical force or threatened to use physical force to protect another person from imminent harm, they may be able to claim defense of others as a defense to assault charges.
• Defense of property: If the defendant used physical force or threatened to use physical force to protect their own property or the property of another person from imminent harm, they may be able to claim defense of property as a defense to assault charges.
• Lack of intent: If the defendant did not intend to make a threat of violence or did not have the apparent ability to carry out the threat, they may be able to argue that they did not have the required intent for an assault charge.
• Accident: If the threat of violence or physical force was the result of an accident, the defendant may be able to argue that they did not act with the required intent for an assault charge.
• Consent: If the victim consented to the threat of violence or physical force, the defendant may be able to argue that they did not act with the required intent for an assault charge.

These defenses may not be applicable in all cases, and the specific defenses that are available will depend on the circumstances of the case. An experienced criminal defense attorney can help you understand the defenses that may be available and advise you on the best course of action to take.

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