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Misdemeanor Assault

Misdemeanor assault charges can often arise from heated arguments, misunderstandings, or situations where self-defense may apply. A conviction can result in up to 60 days in the county jail and a $500 fine. If you've been charged with misdemeanor assault, time matters. Contact our office today for a free, confidential consultation with an experienced criminal defense attorney and start building a strong defense.

What is Misdemeanor Assault in Florida?

Section 784.011, Florida Statutes

"An assault is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent." Misdemeanor assault is a 2nd degree misdemeanor.

Potential Jail Time

Misdemeanor assault is a standard 2nd degree misdemeanor in the State of Florida. If convicted, the maximum length of incarceration is 60 days in the county jail.

A jail cell, depicting incarceration

Potential Fine

A conviction for misdemeanor assault can result in a fine of up to $500.

A Defendant paying a fine to a court for a criminal case

Florida Assault Laws

In Florida, assault-related offenses range from low-level misdemeanors to serious felony charges that can carry significant prison sentences. Understanding how these offenses are defined under Florida law is essential for anyone facing such allegations. Below is a breakdown of the criminal statutes that govern assault-related charges in the State of Florida.

Simple Assault

784.011(2), Florida Statutes

(1) An “assault” is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.

(2) Except as provided in subsection (3), a person who assaults another person commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

Assault in Furtherance of Riot

784.011(3), Florida Statutes

(3) A person who assaults another person in furtherance of a riot or an aggravated riot prohibited under s. 870.01 commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

Aggravated Assault

784.021(2), Florida Statutes

(1) An “aggravated assault” is an assault:

(a) With a deadly weapon without intent to kill; or

(b) With an intent to commit a felony.

(2) A person who commits aggravated assault commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

Aggravated Assault in Furtherance of Riot

784.021(3), Florida Statutes

(3) For the purposes of sentencing under chapter 921, a violation of this section committed by a person acting in furtherance of a riot or an aggravated riot prohibited under s. 870.01 is ranked one level above the ranking under s. 921.0022 for the offense committed.

Assault on Law Enforcement Officer

784.07(2)(a), Florida Statutes

An "assault" knowingly committed upon a law enforcement officer or any other specified personnel listed in 784.07(2)(a) is a misdemeanor of the first degree.

Aggravated Assault on Law Enforcement Officer

784.07(2)(a), Florida Statutes

An "aggravated assault" knowingly committed upon a law enforcement officer or any other specified personnel listed in 784.07(2) is a felony of the second degree. Any person convicted of aggravated assault on Law Enforcement Officer shall be sentenced to a minimum term of imprisonment of 3 years. 

Call Now For A Free Consultation

Facing a misdemeanor assault charge can be stressful, confusing, and potentially life-changing. Even though it is considered a less serious offense as a 2nd degree misdemeanor, a conviction can still result in jail time, fines, probation, and a permanent criminal record. If you’ve been charged with misdemeanor assault, understanding your rights and legal options is critical. Call now for a free, confidential consultation.

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