If you are arrested by the Orlando Police Department and charged with assault, you may think there is a mistake. Perhaps you never touched the person you are accused of assaulting or are simply unsure about what this charge means. This confusion lies in the definition of assault, which can be a violent physical or verbal attack, or both, depending on the state you are in when accused.
Florida distinguishes between assault and battery. Assault occurs when you threaten to harm someone, while battery involves actually harming them. A second-degree assault in Orlando is a simple assault constituting a second-degree misdemeanor or an aggravated assault against a protected class. The latter raises the charge from a third-degree felony to a second-degree felony.
You may tell yourself that simple assault is only a misdemeanor, but it can still result in jail time and a criminal record. You could even go to prison. The Umansky Law Firm’s assault lawyers could provide solutions to your entanglement with the law.
Under Florida Statutes § 784.011, assault occurs when the perpetrator intends to intimidate a person into believing a violent act against them is imminent. The perpetrator does not have to intend to commit battery, only to cause the other person fear. To be considered a misdemeanor, this threat of assault must be verbal.
Second-degree misdemeanor assaults in Orlando often depend on whether the accuser reasonably believes the accused is going to, or is capable of committing a violent act against them. A credible criminal defense attorney will scrutinize the acts against the elements of assault. To be successful, the attorney must prove the threat was uttered from more than 30 feet away or the accused was running in the opposite direction when the threat was delivered.
Aggravated assault is defined as committing a simple assault with the use of a deadly weapon to place the accuser in fear of imminent violence. These charges will be elevated to a second-degree felony assault if the accuser is a member of a protected class. Protected classes include those who are vulnerable or work in at-risk professions, such as:
Assault laws can be complicated. Those charged with second-degree assault, whether misdemeanor or felony, should contact an experienced Orlando attorney to explore their options.
A second-degree misdemeanor carries jail time and fines. A conviction results in up to 60 days in the Orange County jail and fines up to $500. Aggravated assault as a third-degree felony charge comes with up to five years in prison. However, when charges in Orlando are raised to second-degree felony assault, the punishment upon conviction escalates to as much as 15 years in prison and fines of up to $10,000.
Just because you are charged with simple or aggravated assault does not mean you will be found guilty. Prosecutors must prove that you are the only suspect who could have committed the crime and that all the elements of assault are met, but our skilled attorneys could examine your case, represent you in court, and plant doubt in jury members’ minds.
After a misdemeanor or felony second-degree assault in Orlando, call The Umansky Law Firm for experienced assistance.
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