What Constitutes an Assault in Florida?

Assault in Florida holds distinctive definitions that separate it from other similar offenses like battery. Legal professionals, along with members of the public, must understand these legal distinctions. Knowing what constitutes an assault in Florida can help people understand their legal rights and avoid situations that may lead to criminal charges.

What Is Assault in Florida?

Florida law describes assault as an intentional and illegal threat to inflict bodily harm upon someone, which can be delivered through words or actions, and demonstrates the capability to follow through while creating reasonable fear in the victim that violence will happen soon. A person can be charged with assault through threats alone without physical contact because the perceived danger of harm to the victim is enough.

Assault is sometimes confused with battery, but they are two distinct charges. Assault includes the intentional threat to cause harm to another person. Assault creates fear in the victim, leading them to believe violence is imminent. Battery, on the other hand, involves intentional and non-consensual physical contact or physical harm to another person.

When someone raises their fist in a threatening manner towards another person, which leads the victim to fear imminent harm, this situation meets the legal definition of assault. The act becomes battery when the person follows through with the strike.

Types of Assault in Florida

In Florida, simple and aggravated assault are the two main distinctions given to the crime. While there are numerous different types of assault, many of them may fall under different charges. Additional types of assault include sexual assault, verbal assault, and domestic assault.

Simple assault represents the lowest level of severity and is designated as a second-degree misdemeanor in Florida. Simple assault happens when someone willfully threatens harm to another person who appears capable of executing that threat while making the victim believe that violence is about to occur.

The law considers an act as simple assault, even if physical contact does not occur. The act of threatening physical harm through actions like raising a fist to intimidate someone who fears being punched constitutes assault.

A more serious offense, aggravated assault, is considered a third-degree felony. It involves either the use of a deadly weapon without intent to kill or an assault committed with the intent to carry out another felony. In Florida, a deadly weapon can be anything capable of inflicting serious harm, including firearms, knives, or even objects like a baseball bat or a vehicle.

Examples of Assault in Florida

Assault can include several different scenarios. Some example situations include:

• Making verbal threats. If, in the course of an argument, for example, two individuals are exchanging words and one indicates they will use violence, such as threatening to punch, hit, kick, or otherwise attack the other, this person’s actions can be considered assault. It is reasonably believed that they will follow through on the threat. This instills fear in the person receiving the threat.
• Making threatening gestures. An example of this would be if one person raises an object, such as a bowl, from the table and screams at the person sitting across from them that they are going to hurt them. The victim cowers in fear. This is considered assault by the threatening gestures and words.
• Using a weapon to threaten. If two people get into a fight and one of the participants grabs a baseball bat and threatens to hit the other in the head. The verbal and physical threats constitute assault.
• Making future threats. If one person shouts a conditional future threat, such as stating that future actions may be met with physical violence, especially while holding or showing a firearm, it is reasonable to believe they will follow through on the threat even though it is conditional upon a future event.
• Attempted battery. If someone attempts to hurt someone, such as by throwing a punch but misses, it is considered assault.

Factors That Influence Assault Charges

There are a few factors that can influence the outcome of an assault charge. Using or possessing a weapon during an assault can result in an aggravated assault charge, which carries harsher penalties.

Enhanced charges and stricter penalties frequently apply to assaults targeting protected groups like public servants and vulnerable populations. The degree of charges depends on the assailant’s intent, whether there was premeditation involved, and the circumstances of the assault, including any concurrent criminal acts, such as battery or burglary.

FAQs

Q: What Classifies As an Assault Charge?

A: Florida defines assault as intentional violence threats against another person that appear actionable and make the victim fear immediate danger. The law requires only a believable threat of immediate violence without physical contact to constitute assault. The classification of assault as simple or aggravated depends on whether weapons were used or there was an intent to commit another crime.

Q: Is Verbal Assault a Crime in Florida?

A: Florida does not specifically declare “verbal assault” as a crime, but similar threats can be considered other crimes, such as harassment, stalking, or making terrorist threats. A verbal threat that is detailed and immediate enough to instill fear of immediate harm could be classified as assault. Unless they involve stalking or an intent to intimidate, criminal charges are unlikely for vague threats that do not pose an immediate danger.

Q: What Are the Three Elements of Assault?

A: The definition of assault in Florida requires an intentional and unlawful threat through words or actions together with the ability to appear capable of executing the threat and the victim developing a reasonable fear of immediate danger. An act qualifies as assault when all three elements are present, which separate it from simple verbal disputes and threats that lack credibility.

Q: What Is the Lowest Form of Assault?

A: Simple assault stands as Florida’s least serious assault category, which is prosecuted as a second-degree misdemeanor. The offense requires a genuine threat to create fear of imminent violence without any physical contact occurring. Simple assault results in jail time, probation periods, and fines, which makes it less serious compared to charges of aggravated assault or battery.

Contact Paul Figueroa Law Today

If you have been the victim of an assault, you may have legal options to recover from the situation. Contact us today to speak with a member of our experienced and knowledgeable team.