ARRESTED? INVESTIGATED?   ARRESTADO? INVESTIGADO?

Call Us Now!

305-644-1800

Am I Facing Jail if I am Charged with Simple Assault in Florida?


All too often, a disagreement or difference of opinion quickly escalates into an argument, and sometimes into threats or even a physical confrontation. Someone calls the police and someone gets arrested.

Sometimes, that someone is you, and now you’re facing assault charges in the state of Florida.

Defining Simple Assault

Florida Statutes 784.011 defines simple assault as “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.”

Assault, then does not even require physical contact; you can be convicted of assault if you simply threatened another person that makes him or her fear violent acts from you. Plus, if you made threats against multiple people, then you could face multiple assault charges. Physical contact, on the other hand, would result in a “battery” charge.

Consequences of a Simple Assault Conviction

Simple assault is a misdemeanor of the second degree, which carries a sentence of up to 60 days in jail or six months of probation, as well as a fine of up to $500. So, the fact is that you can go to jail if convicted of simple assault, particularly if you have an extensive criminal history or previous assault convictions.

In addition to these short-term consequences, an assault conviction can have negative effects on your future. Simply having an assault conviction on your record could result in decreased job opportunities; a prospective employer may assume that you are violent because of this conviction on your record.

Enhanced Consequences for a Simple Assault Conviction

In some circumstances, a simple assault charge can be a first-degree misdemeanor, which carries more serious penalties than a second-degree misdemeanor. If you allegedly committed assault against a your spouse, a member of your household, a girlfriend or boyfriend or any domestic violence incident, a firefighter, law enforcement officer, or an emergency medical care provider, you could end up with a conviction on a first-degree misdemeanor. This type of conviction could result in up to one year in jail, up to one year of probation, and a fine of up to $1,000.

Defenses to a Simple Assault Charge

Fortunately, there are many different defenses that may apply to your assault case. We may be able to build a strong case on your behalf using one of the following defenses:

• Self-defense or defense of others

• Defense of your property

• No intent to make threats

• Provocation

• Inability to carry out the threat

• Vague threats with no overt act to carry them out

Albert Quirantes: Your Miami Criminal Defense Lawyer & DUI Lawyer

http://www.criminaldefendant.com/

For over 30 years, Miami criminal defense attorney Albert M. Quirantes has been aggressively and zealously defending the rights of those accused of felony and misdemeanor crimesthroughout South Florida. With his dedicated team, reasonable legal fees, and a well-earned reputation for challenging prosecutors at every turn, he has protected over 8,000 clients during some of the roughest times of their lives.

Increase your knowledge! If you want to know more about how to resolve the problems you face when charged with a criminal offense in Florida, then you can follow Miami Criminal Attorney Albert M. Quirantes on Facebook, Twitter, or Google+.

If you have been arrested and charged with a crime, please call us today at (305) 644-1800 or fill out our online form to arrange for your free, confidential initial consultation.

If you have any questions about this or any other criminal accusation, call Miami Criminal Defense Lawyer Albert Quirantes at: (305) 644-1800 or visit our homepage www.CriminalDefendant.com for a direct link to the office or a text message or a map and directions to our office.

Featured Posts
Recent Posts
Archive
Search By Tags
Miami Crimianl Attorney Albert M. Quirantes

1815 NW 7th Street,

Miami, Florida 33125-3503
1-800-333-LEGAL (5342)

Dade: 305-644-1800
Fax: 305-644-1999

amq@CriminalDefendant.com

  • Twitter Social Icon
  • Facebook Social Icon
  • LinkedIn Social Icon
  • Google+ Social Icon
  • YouTube Social  Icon
  • AvvoIcon
  • InstagramIcon
Miami DUI Lawyer | Attorney Albert M. Quirantes
Miami DUI Defense Lawyer | Attorney Albert M. Quirantes
Miami FACDL Lawyer | Attorney Albert M. Quirantes
Miami Trial Lawyer | Attorney Albert M. Quirantes

© 2018 Albert Quirantes. The name of this law firm is: "Albert Quirantes, Esq., Criminal DUI & Ticket Lawyers", a subsidiary of The Ticket Lawyers, P.A., a criminal defense law firm and formerly known as Ticket Law Center. It's the main office is located at 1815 N.W. 7th Street, Miami, Florida 33125. Albert M. Quirantes has been licensed to practice law in Florida since May 13, 1988. We publish the information on this website to help inform you, but nothing on this website or its links is to be considered legal advice and we do not have an attorney-client relationship until you retain us as your attorneys.

 

Confidential or time-sensitive information should not be sent through this website or through email. The transmission of information to us via this website or email does not create an attorney-client relationship until a legal fee is paid and the firm agrees to take your case in writing. You should not take any legal actions based on the information found on this website and the law firms are not liable for your use or interpretation of information contained in this website and expressly disclaim all liability for actions you take or do not take based on information from this website or any of its links.

 

This disclaimer governs your use of this website and you accept this disclaimer in full by using it. If you disagree with any part of this disclaimer, please do not use our websites. We may modify these terms at any time and you are asked to check periodically for changes. By using this site, you agree to accept any changes to these terms whether or not you have taken the time to review them.

 

Privacy Policy: We do not provide your private information to anyone. That includes parents, family members or friends. This refers to your email address or any contact information or information about your legal matter or questions. It's no one's business but yours unless you authorize its release.