The misdemeanor crime of simple assault deals with the intentional and unlawful threat of violence committed against another person. When the assault is allegedly committed on a law enforcement officer (LEO) or a firefighter, the criminal offense of assault is a felony under Florida Statute Section 784.07(2)(a). Additionally, then the assault is allegedly committed on a person 65 years of age or older, the crime of assault is punishable as a felony under Florida Statute Section 784.08(2)(d). The use of a firearm or other weapon also leads to felony charges under Florida law.
The crime of assault punishes the threat of violence even when the only harm is putting the alleged victim in fear of an immediate act of violence which usually does not occur. Assault usually occurs after a physical threat of violence, but under certain circumstances is also accompanied by a verbal assault. Defenses generally include consent, official acts such as a citizen arrest for the prevention of crime, defense of property and self-defense.
Tallahassee Misdemeanor Assault Attorney
Contact us today to speak directly with an experienced criminal defense attorney to find out more about potential defenses and what you need to do now to protect yourself against this serious crime of violence. If you have been arrested for any misdemeanor or felony charge of assault in Tallahassee or the surrounding areas, contact an experienced attorney at the Law Offices of Don Pumphrey, Jr.
Our offices are located in Tallahassee in Leon County, FL. We also represent clients charged with assault in the surrounding communities including Crawfordville in Wakulla County, Bristol in Liberty County, Quincy in Gadsden County, and Monticello in Jefferson County, Florida.
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Misdemeanor Assault Information Center
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Assault - Florida Statute § 784.011
An assault charged under Florida Statute Section 784.011 (often called "simple assault) is a second degree misdemeanor punishable by a $500 fine and 60 days in jail or 6 months on probation. Simple assault requires that the following elements be proven beyond all reasonable doubt:
- The Defendant unlawfully and intentionally threatened, either by acts or words, to do violence to the victim;
- At the time of the act, the Defendant appeared to have the ability to carry out the threat;
- The Defendant's act created a well-founded fear in the mind of the victim that the violence was about to take place.
Florida law also provides for felony punishments for any assault that uses a weapon (including a firearm).
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Assault on Law Enforcement Officer, Firefighter - Florida Statute § 784.07(2)(a)
Florida Statute for Assault on a Law Enforcement Officer (often called "Assault on a LEO") was adopted in 1981. It provides for certain felony punishments and penalties. The statute covers certain alleged victims of assault including local, state or federal law enforcement officers, probation officers, correctional officer, emergency medical care providers, firefighters, traffic infraction enforcement officers, traffic accident investigation officers,security officers employed by the Board of Trustees of a Community College and parking enforcement specialist.
In addition to the above mentioned elements, the prosecutor must also prove the following elements at trial:
- The Defendant knew the alleged victim was an officer, security guard, firefighter, emergency care provider (or other covered person); and
- At the time of the assault, the alleged victim was engage in the lawful performance of his or her duties.
Florida law also provides for criminal penalties for an aggravated assault, battery, or aggravated battery against a Law Enforcement Officer (LEO) or Firefighter.
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Assault on Person 65 Years of Age or Older - Florida Statute § 784.08(2)(d)
The felony offense of committing an assault on a person who is over the age of sixty-five (65) years old is also punishable as a felony. The elements of the offense are the same as misdemeanor assault except that it must also be proven that the alleged victim was over the age of 65 years old.
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Related Charges for Aggravated Assault
- Aggravated Assault - Florida Statute § 784.021
- Aggravated Assault with a Firearm
- Aggravated Assault on Law Enforcement Officer (LEO) or Firefighter - Florida Statute § 784.07(2)(c)
- Aggravated Assault on Person 65 Years of Age or Older - Florida Statute § 784.08(2)(b)
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Assault Resources
Florida's Assault Statute - Read more about the legislative language and history of Florida's assault statute on the Florida Legislature's official website.
Wikipedia on Assault Charges - Read more about general provisions for the crime of assault throughout the United States, including statistic and stories. Article also includes information on general defenses to assaults including consent, prevention of a crime, self-defense and defense of property.
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The Law Offices of Don Pumphrey, Jr. | Misdemeanor Assault Defense Lawyer in Tallahassee
Just because you have been charged for a criminal offense does not mean that you will be convicted. An experienced violent crime defense lawyer can use the evidence surrounding your case and investigation failures to fight for a favorable outcome. This may mean dismissed charges or minimized sentences. If you have been charged with misdemeanor assault in Tallahassee, Bristol, Quincy, Saint Marks, Madison, or the surrounding areas, contact The Law Offices of Don Pumphrey, Jr. Take the important first steps towards safeguarding your future.