Assault and battery are two of the oldest crimes under American law. Florida’s assault law was first passed in 1832. Although it has been amended many times over the past 193 years, prosecutors still use it to pursue claims against people who use a threat or threatening act against someone else.
However, not all threats are appropriate for assault charges, particularly if your criminal defense lawyer proves self-defense, home defense, or other assault defenses.
Florida law gives defendants many options for defending against an assault conviction. An Orlando assault defense lawyer from Cruz Law can review your situation and identify the defenses you can raise in your assault case.
Definition of Assault in Florida
The Florida assault statute requires proof of the following elements for a conviction:
- Intentional and unlawful threat to perform an act of violence toward someone else
- The apparent ability to carry out the threat
- An act that creates a well-founded fear that the violent act is imminent
Many people confuse assault with battery. A battery occurs when someone intentionally makes harmful or offensive contact with someone else. This contact could occur directly, such as the contact from a punch or shove. It can also occur indirectly through an object, like a weapon or thrown object.
Assault was defined in the common law as a threat or act that placed the victim in imminent fear of battery. It could also occur when the perpetrator attempted to batter someone but missed. In either case, the assault arose from the threat and did not require contact with the victim.
The Florida assault statute matches this conventional definition. In other words, simple assault does not require physical contact. Instead, a credible threat that creates a well-founded fear of battery is enough. This charge is a second-degree misdemeanor.
However, prosecutors can file the charge as a first-degree misdemeanor when it occurs in the course of a riot.
Aggravated Assault Definition
Florida also punishes aggravated assault. This charge arises during an assault that involves one of two conditions:
- Using a deadly weapon but lacking the intent to kill
- Having the intent to commit a felony
In other words, a prosecutor must still prove the three elements for a simple assault plus one additional element for an aggravated assault. Aggravated assault is a third-degree felony. When it occurs during a riot or aggravated riot, it is sentenced as a second-degree felony.
Possible Defenses to Assault Charges in Florida
An assault or aggravated assault conviction can result in imprisonment and a criminal record that affects your ability to find a job, rent a home, or get an education. Thus, raising an aggressive defense against your assault charges in Florida is essential to protecting your freedom and reputation.
Several defense strategies might apply in your situation.
Missing Element
The state has the burden of proof in criminal cases. This burden is often summarized by the phrase “innocent until proven guilty.” In practice, this means the prosecution must prove every element of the offense. If it fails to prove any element, you are entitled to an acquittal.
Your criminal defense attorney will scrutinize the prosecution’s evidence and point out any gaps in their case. For example, prosecutors cannot convict you of assault if they have no proof that you performed an act that created a reasonable belief of imminent harm.
Self-Defense
Florida allows you to justify an assault against another person by establishing that you reasonably believed the threats you made were necessary to prevent them from an imminent use of unlawful force against you. Thus, you could use self-defense against someone who shoves you in a bar and says they will beat you up.
Defense of Others
The same legal standard allows you to use threatening words or acts against someone to protect others. This defense might apply when you threaten someone who is walking menacingly toward your co-worker with a baseball bat.
Significantly, Florida’s self-defense statute allows you to make a mistake in reading the situation as long as an ordinary person exercising reasonable care would have made the same mistake.
Defense of Property
Florida law allows you to assert that an assault was necessary to prevent or end a trespass or interference with your property or property you are responsible for protecting. The property subject to this defense includes both real and personal property.
Home Defense
Florida gives people additional rights when defending their homes. Someone can stand their ground and threaten violence against a person when they reasonably believe it is necessary to defend themselves from an imminent use of force.
However, the person is usually presumed to satisfy the requirements for using force if the alleged victim broke into the person’s home.
Mistaken Identity
Witnesses and even the alleged victim can misremember the details of a fight or standoff. As a result, you might be blamed for words spoken by someone else. Your lawyer may use eyewitness testimony, cell phone videos, or security videos to prove that you did not threaten anyone with violence.
False Accusation
Sometimes, the alleged victim has an ulterior motive to accuse you of threatening them. Regardless of the specific reason for doing it, a lawyer can expose the false accusation against you using witnesses and video evidence to prove you did not perform the acts alleged by the prosecutors.
Working With a Florida Assault Attorney
Assault charges in Florida can have severe consequences, including jail time for even misdemeanor assault. However, legal defenses like self-defense and home defense may justify your actions and lead to a dismissal or reduction in charges. Contact us to discuss the criminal defense strategies we can assert against your assault charges.
