Simple or aggravated assault in Florida heavily involves the threat of violence rather than actual physical harm. First-degree assault in Orlando occurs when a simple assault is part of a disorderly public disturbance. If you are arrested for participating in an affray or riot, call a seasoned assault lawyer for guidance.
Florida Statutes § 784.011 describes a simple assault as a threat of violence by one person against another, when the person claiming assault believes they are in imminent danger of violence that the accused is capable of executing. The same statute escalates the crime of simple assault from a second-degree to a first-degree misdemeanor if the actions occur in furtherance of a riot or during an affray. Furthermore, felony charges can result from acts that move beyond threats to physical violence.
Riots are considered an assembly of three or more people who intend to act in concert as disorderly and violent. An affray is a mutual fight between two people in a public place, such as between protesters on opposite sides of an issue. This behavior may begin with name-calling and escalate to imminent and believable threats of violence. If bystanders fear that physical violence is imminent, the act is considered an affray.
There are several defenses to first-degree assault charges in Orlando, including that the defendant had no intention of participating in threatening behavior during an affray or riot. Our criminal defense attorneys encourage those arrested and charged with this crime to call us immediately to begin building a strong defense.
A federal appeals court asked the Florida Supreme Court to clarify what the state considers a “riot” after reviewing an injunction against a four-year-old state law tough on violent demonstrators. This move, known as certifying a question to the state court, was done by a panel of three judges from the 11th U.S. Circuit Court of Appeals. The judges held that the law was not overbroad and would not be used against peaceful demonstrators. Civil rights groups raised the issue that protesters with intent to participate peacefully could be charged under the law if demonstrations became violent. The Florida Supreme Court ruled that peaceful protesters without the intent to cause further disorder and violence could not be charged under this riot statute.
Committing an assault during an affray or riot is a first-degree misdemeanor punishable by up to a year in jail and fines of up to $1,000. Habitual offenders, or those who repeat the crime multiple times in a designated time frame, must serve six months to a year in jail.
Assault is considered a violent crime, and first-degree charges can leave a participant subject to fines, a criminal record, and restricted freedom for up to a year. Our Orlando attorneys could advocate for you and fight these first-degree assault charges
Although assault committed during an affray or riot is considered a first-degree misdemeanor, do not dismiss the gravity of your situation.
A criminal record will make it more difficult to get a job, secure housing, take out a home loan, or be granted a scholarship. Our attorneys familiar with first-degree assault in Orlando know how to negotiate with the prosecutor, present mitigating factors to the judge, and mount a defense for a jury that is your best chance for freedom.
The Umansky Law Firm Criminal Defense & Injury Attorneys
