The Law in Plain English – Boca Raton ➔ West Palm Beach ➔ Jupiter’s Top Criminal Lawyer Joshua LeRoy, ESQ. on:Misdemeanor Assault – F.S. 784.011
In Florida, a Misdemeanor Assault is an intentional threat to do immediate harm to another person. An assault includes actions or words that make a person afraid of possible violence. Threats of violence, spoken in an angry tone, can constitute assault, while actual physical contact, including violence (punching, kicking, slapping, or even touching) is defined as the crime of battery. Sometimes in the heat of a disagreement a person says things that he/she does not mean. Anger or emotions can sometimes take over.
The Penalties for assault, a second degree misdemeanor, is up to 60 days in jail, a $500 fine, or probation up to 180 days.
If the victim of the assault is a “special victims” the possible punishment is increased. Some of these “special victims” include law enforcement officers, medical providers, security officers, and employees at detention facilities. In most cases, these victims must be currently performing those employment duties in order for them to be constituted as a special victim in the case. Furthermore, if the victim is over the age of 65, an employee of the Department of Children and Family (DCF), a school employee, an elected official, or visitors in a jail, and the defendant had reason to know of the victim’s employment status, they are also considered “special victims.”
Often verbal disputes are mistaken for assaults. In those cases law enforcement is called and routinely misinterprets the facts, resulting in a criminal charge of assault for one person.
When a client is charged with simple assault, depending on a client’s history and the particular facts of the case, a dismissal of the charges is possible. It is possible for a similar outcome for felony charges, but typically much more difficult to obtain.
Hiring the right lawyer, one who can fully expose the facts of a given dispute, when charged with an assault is essential. Remember, assaults are considered a crime of violence and a conviction for one can result in suspension or revocation of a variety of state licensing.
If you, or someone you know, have been charged with Misdemeanor Assault in West Palm Beach, Boca Raton, Boynton Beach, Lake Worth, Delray Beach or any of the surrounding areas in Palm Beach County use the form below to drop me a note. Let me know a bit about yourself, what’s happened, and a good time to contact you.
-Joshua LeRoy, Esq.
Criminal Defense Attorney Joshua LeRoy, Esq. is dedicated to providing his clients with personalized, honest, and aggressive representation in any and all areas of criminal law in West Palm Beach, Boca Raton, Boynton Beach, Lake Worth, Delray Beach & the surrounding areas of Palm Beach County in the State of Florida.
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