What constitutes simple assault under Florida law?

Simple assault refers to the offense of making unlawful threats of violence, without any aggravating factors that would increase the severity of the offense. For an act to constitute assault, it: Must be intentional May consist of words or actions Creates in the alleged victim a well-founded fear of imminent violence Simple assault is typically a second-degree misdemeanor offense under Florida law, although it can be charged as a first-degree misdemeanor if it occurs in furtherance of a riot.

What’s the difference between assault and battery?

While assault encompasses threats of violence made through words or actions, battery involves actual, intentional physical contact with the victim. However, like assault charges, battery charges can be brought against a defendant even if no bodily harm is inflicted. Because battery involves actual physical contact and assault does not necessarily involve such contact, battery tends to be treated as a more serious offense, generally charged as a first-degree misdemeanor. Both assault and battery can be charged as more severe offenses if the violations involve factors such as the use of a weapon, the context of a riot, or certain classes of victims.

What’s the difference between simple assault and aggravated assault?

Assault can be charged as a simple or aggravated offense, depending on the circumstances. Aggravated assault is a violation that, in addition to meeting the legal definition of assault, involves aggravating factors such as: The use of a deadly weapon without the intent to kill The intent to commit a felony crime Aggravated assault charges are more severe than simple assault charges. This crime is generally charged as a third-degree felony but could constitute a second-degree felony if it occurs in the furtherance of a riot. If you are charged with aggravated assault, one defense avenue your attorney may consider is seeking to get the charges reduced to simple assault, which carries less severe penalties.

How long do you go to jail for simple assault in Florida?

Simple assault is a misdemeanor, but you could still face jail time if convicted of this violation. A second-degree charge carries a potential prison term of up to 60 days. A first-degree charge, which typically results from an offense committed in the context of a riot, could send you to jail for up to one year. You can also be fined up to $500 for a second-degree offense or up to $1,000 for a first-degree offense. Just because jail time is one possible sentence for simple assault doesn’t mean you will definitely face a prison term, but it does mean that you need to take this legal trouble seriously. Our legal team works to help you avoid or minimize jail time and other consequences as much as possible. Even if we aren’t able to get your charges dropped or reduced, we build the strongest possible defenses based on every individual client’s unique circumstances, presenting mitigating factors, challenging the prosecution’s claims against you, and otherwise advocating for your best interests. In the event of a conviction, we will push for the lightest sentences possible, highlighting any mitigating circumstances.

Can assault charges be dropped in Florida?

It may be possible to get assault charges dropped in Florida through smart, strategic case preparation, advocacy, and negotiations. Getting charges dropped is one of the best possible outcomes, and although it may not be possible in every situation, our attorneys always consider all avenues for achieving this or other beneficial resolutions to our clients’ cases. Generally, getting charges dropped requires a diligent investigation of the facts and arguments that emphasize the lack of evidence required for the prosecution to achieve a conviction. In some cases, we may be able to get charges dropped by showing that critical evidence against you was obtained improperly and motioning for such evidence to be suppressed. Our team will explore all options for getting charges dropped or reduced or otherwise putting up a strong defense.

Do you need a lawyer to fight a simple assault charge in West Palm Beach?

When you have been charged with a criminal offense such as simple assault, having a dedicated defense attorney handling your case provides unmatched advantages. You have an advocate on your side protecting your rights throughout the legal process, intervening to avoid mistakes that could undermine your defense, gathering all evidence that supports arguments in your favor, and developing a personalized legal strategy tailored to the facts of your situation. Your freedom and your future are at risk, so it’s important to make your legal defense a priority by retaining professional representation committed to your best interests.

West Palm Beach Simple Assault Lawyer | Fighting Charges Defense Attorney in West Palm Beach, FL

BD Law/

West Palm Beach Simple Assault Lawyer

Fighting Charges Defense Attorney in West Palm Beach, FL Helping You Navigate Simple Assault Allegations in Palm Beach County, Broward County, Martin County, and Throughout South Florida

Mistakes, misunderstandings, and issues of mistaken identity can lead to charges of assault in West Palm Beach. Whether the incident constituted a bar fight, a heated confrontation between tourists and locals, or even a verbal altercation, fighting can ruin more than an evening out or a vacation. If you find yourself charged with a criminal offense, the guidance of a West Palm Beach simple assault lawyer at BD Law is critical for minimizing the impact of this situation.

As an experienced simple assault defense attorney in West Palm Beach, FL, Brandon Dinetz understands the nuances of criminal assault charges. Our team is prepared to defend you against the consequences of a conviction through strong legal arguments and smart, aggressive advocacy. To begin building your defense, contact us today. With free consultations and a commitment to fighting for the best outcome for our clients, you have nothing to lose by exploring how our firm can help you fight back against assault charges.

Understanding Fighting and Assault Charges in West Palm Beach, FL

Assault is a serious violation in Florida. You need to understand what exactly you have been charged with and how to present a strong, solid argument in your defense. You need knowledge of the legal system, the criminal justice process, and effective strategies for fighting these charges and avoiding the most serious penalties that could accompany a conviction.

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Assault Statutes Under Florida Law

Numerous sections of the Florida Statutes, Chapter 784, deal with offenses related to assault and battery.

The Crime of Simple Assault

If you have been charged with the offense of simple assault—in other words, assault without aggravating factors—you are accused of violating Section 784.011 of Florida Statutes. This means that you are alleged to have intentionally issued an unlawful threat of violence, by your words or your actions, that creates in the alleged victim a well-founded fear of violence.

Assault is often confused with battery, which (under Section 784.03 of Florida Statutes) refers to intentionally making unlawful physical contact with a victim. You can be charged with battery even if you don’t cause actual physical injury to the alleged victim, and you can be charged with simple assault even if no physical contact between you and the victim occurs.

Depending on the circumstances, you may face other charges, as well. You may be charged with aggravated assault under Section 784.021 of Florida Statutes if you are accused of committing this offense either with an intent to commit a felony or using a deadly weapon (but without the intent to kill).

Simple assault is generally charged as a second-degree misdemeanor under Florida law. When the offense occurs in the context of a riot (or an aggravated riot), it constitutes a first-degree misdemeanor.

Offenses Related to Simple Assault

Other violations related to assault may lead to more serious felony charges, including:

Aggravated assault
Felony battery (under Section 784.03 of Florida Statutes)
Aggravated battery with a deadly weapon or serious injury (under Section 784.045)
Battery by strangulation (under Section 784.031)
Domestic battery by strangulation (under Section 784.041(2))
Battery, aggravated assault, or aggravated battery of law enforcement officers, firefighters, and other specified personnel (under Section 784.07)—with simple assault of such personnel constituting a first-degree misdemeanor)
Battery on persons 65 years or older (under Section 784.08)—with simple assault of such victims constituting a first-degree misdemeanor
Aggravated battery of a pregnant victim (under Section 784.045(1)(b))
Battery on a facility employee by throwing body fluids (under Section 784.078)
Domestic violence (under Section 741.28)
Violation of injunctions (under Section 741.31 for domestic violence or Section 784.047 for protection against repeat violence, sexual violence, or dating violence)

Whether you’re facing charges of simple assault exclusively, charges of simple assault along with other violations, or more severe charges involving assault and battery, you need the guidance of skilled legal counsel. With a fighting charges defense attorney in West Palm Beach, FL, on your side, you will be prepared to face the full complexity of the legal system.

The Penalties You’re Facing When Charged With Simple Assault

A misdemeanor simple assault charge is less severe then a felony offense, but you shouldn’t underestimate how much this legal issue could impact your life. The penalties directly imposed if convicted of this crime can include both jail time (as established under Section 775.082 of Florida Statutes) and fines (under Section 775.083).

For a second-degree misdemeanor charge of simple assault, penalties under Florida law could include fines of up to $500 and a prison term of up to 60 days.

If you’re charged with a first-degree misdemeanor due to a simple assault you’re accused of committing in the context of a riot, you face significantly steeper penalties. The fine imposed for this offense can amount to up to $1,000, and you could be sentenced to up to one year in prison.

Even after you have paid the fine and served your sentence, you don’t get to simply put this legal issue behind you. In Florida, even a misdemeanor conviction can remain on your record long-term.

For any situation in which you undergo a background check, this conviction can continue to follow you, influencing how others perceive you in personal and professional situations. Having a simple assault conviction on your record can negatively affect your job opportunities, opportunities for admission to educational programs, and professional licensing eligibility. This criminal record can even make it more difficult for you to rent a residence or apply for a mortgage or another type of loan, because it may impact how landlords and lenders view you as an applicant.

It’s in your best interests to fight even a misdemeanor simple assault charge with everything in your power. That means retaining an attorney you can count on to advocate for you at every stage of the legal process.

The Advantages of Hiring an Experienced Fighting Charges Defense Attorney in West Palm Beach, FL

Don’t underestimate the complexity or the seriousness of a simple assault charge. Putting up the strong defense needed to minimize the consequences of a fighting charge demands a smart strategy and compelling legal arguments.

The stakes are too high to leave the outcome of your case to chance by trying to handle this legal issue yourself or putting your case in the hands of an overwhelmed public defender. You benefit most by having a dedicated defense attorney on your side, ready to fight tirelessly and consistently for your best interests.

Defending Against Fighting Charges in West Palm Beach, FL

There are numerous potential defenses that you could use when charged with a simple assault violation. The most effective strategy depends on the unique facts of your circumstances. Examples of the types of defense arguments your West Palm Beach simple assault lawyer may explore in your situation include the following.

False Accusations

If the alleged assault was made up or exaggerated, we can work to cast doubt on the validity of the claims made against you or the credibility of the witness.

Mistaken Identity

Even if the assault really did happen, a witness may be mistaken in identifying you as the perpetrator. We can challenge the witness’s credibility and assumptions and, if possible, establish an alibi that shows you were elsewhere at the time of the assault.

Lack of Intent

An assault must be intentional. We may be able to establish that you did not intend to threaten the victim, and that the perceived threat resulted from their own bias or misunderstanding rather than any intentional acts or words on your part.

Self-Defense or Defense of Others

In some instances, you may have made an intentional threat, but only to protect yourself or others from imminent danger. We can establish reasons the act should be considered justified.

Lack of Evidence to Prove Guilt

Ultimately, it’s the prosecutor’s responsibility to prove your guilt by presenting evidence that establishes, beyond a reasonable doubt, that you did commit the offense of simple assault. We can challenge the prosecutor’s arguments and evidence while highlighting the ways the case against you falls short of meeting this standard.

Unlawfully Obtained Evidence

Only evidence that is lawfully obtained and handled through proper procedures can be used against you in court. We analyze every detail of the investigation and arrest to ensure proper procedures were followed and your rights were upheld. If any evidence against you was obtained improperly, we fight to have it suppressed, weakening the prosecution’s case.

Achieving the Most Favorable Outcome Possible for Defendants Charged With Assault

As our clients’ advocates, we always push for the most beneficial resolution possible. Our goal is to minimize the impact of this matter on your life and your future. Depending on the specific circumstances, our attorneys may work to:

Get the charges against you dropped or dismissed
Get the charges reduced
Negotiate for lesser penalties
Develop strong, compelling defense arguments to present at trial
Suppress improperly obtained evidence against you
Appeal convictions when the legal process has proceeded improperly or unfairly
Push for lesser or alternative penalties by introducing evidence of mitigating circumstances

Each simple assault defense case is unique. The feasible outcomes depend on the specifics of your situation. We can help you understand the strengths and weaknesses of the case against you and the potential strategies and outcomes that could apply to your situation.

How BD Law Can Help Defendants Facing Simple Assault Charges

You can turn to our team for help throughout all stages of the criminal justice process. BD Law steps in to provide:

Early legal guidance and intervention—even before charges are filed—to prevent incriminating mistakes
Diligent investigation of the incident to gather evidence that supports your defense
Tailored legal strategies to defend you as effectively as possible
Advocacy and representation in every hearing and legal proceeding
Unwavering dedication to upholding your rights and protecting your interests throughout your case
Advice you can count on to help you understand what’s at stake and what strategies provide the most promising paths forward

You need an attorney who is committed to reducing the impact of this issue on your life to the fullest extent possible.

Why Choose BD Law as Your West Palm Beach Simple Assault Lawyer?

Throughout South Florida, clients choose Brandon Dinetz as their West Palm Beach simple assault lawyer due to BD Law’s experience, trial success, and reputation.

Experience That Benefits the Accused

As a former prosecutor in the Palm Beach County State Attorney’s Office and an experienced criminal defense attorney, Brandon Dinetz knows how opposing counsel approaches cases and how to build effective strategies to defend against simple assault charges.

Success in the Courtroom

A trial lawyer known for his formidable courtroom presence, Brandon Dinetz won’t shy away from taking your case to trial if necessary. Our firm explores all options for achieving the most beneficial outcomes possible for our clients, and if a trial is the most promising option in your situation, we’re fully prepared to present arguments for your defense in court.

A Respected Reputation in the Legal Community

Whether you’re seeking a plea deal or defending your innocence in court, it helps to have a reputable attorney whose name commands respect. Brandon Dinetz has cultivated strong relationships with colleagues, opposing counsel, judges, and law enforcement personnel throughout West Palm Beach and the surrounding communities, earning their respect for his commitment to excellence in legal practice.

Contact a West Palm Beach Simple Assault Lawyer at BD Law Today for a Free Case Evaluation

It’s time to start making your defense a priority by retaining professional legal counsel you can rely on.

For help from a fighting charges defense attorney in West Palm Beach, FL, contact BD Law online or call 561-778-5213 today.

Simple assault refers to the offense of making unlawful threats of violence, without any aggravating factors that would increase the severity of the offense. For an act to constitute assault, it:
Must be intentional
May consist of words or actions
Creates in the alleged victim a well-founded fear of imminent violence
Simple assault is typically a second-degree misdemeanor offense under Florida law, although it can be charged as a first-degree misdemeanor if it occurs in furtherance of a riot.
While assault encompasses threats of violence made through words or actions, battery involves actual, intentional physical contact with the victim. However, like assault charges, battery charges can be brought against a defendant even if no bodily harm is inflicted.
Because battery involves actual physical contact and assault does not necessarily involve such contact, battery tends to be treated as a more serious offense, generally charged as a first-degree misdemeanor. Both assault and battery can be charged as more severe offenses if the violations involve factors such as the use of a weapon, the context of a riot, or certain classes of victims.
Assault can be charged as a simple or aggravated offense, depending on the circumstances. Aggravated assault is a violation that, in addition to meeting the legal definition of assault, involves aggravating factors such as:
The use of a deadly weapon without the intent to kill
The intent to commit a felony crime
Aggravated assault charges are more severe than simple assault charges. This crime is generally charged as a third-degree felony but could constitute a second-degree felony if it occurs in the furtherance of a riot. If you are charged with aggravated assault, one defense avenue your attorney may consider is seeking to get the charges reduced to simple assault, which carries less severe penalties.
Simple assault is a misdemeanor, but you could still face jail time if convicted of this violation. A second-degree charge carries a potential prison term of up to 60 days. A first-degree charge, which typically results from an offense committed in the context of a riot, could send you to jail for up to one year. You can also be fined up to $500 for a second-degree offense or up to $1,000 for a first-degree offense.
Just because jail time is one possible sentence for simple assault doesn’t mean you will definitely face a prison term, but it does mean that you need to take this legal trouble seriously. Our legal team works to help you avoid or minimize jail time and other consequences as much as possible.
Even if we aren’t able to get your charges dropped or reduced, we build the strongest possible defenses based on every individual client’s unique circumstances, presenting mitigating factors, challenging the prosecution’s claims against you, and otherwise advocating for your best interests. In the event of a conviction, we will push for the lightest sentences possible, highlighting any mitigating circumstances.
It may be possible to get assault charges dropped in Florida through smart, strategic case preparation, advocacy, and negotiations. Getting charges dropped is one of the best possible outcomes, and although it may not be possible in every situation, our attorneys always consider all avenues for achieving this or other beneficial resolutions to our clients’ cases.
Generally, getting charges dropped requires a diligent investigation of the facts and arguments that emphasize the lack of evidence required for the prosecution to achieve a conviction. In some cases, we may be able to get charges dropped by showing that critical evidence against you was obtained improperly and motioning for such evidence to be suppressed. Our team will explore all options for getting charges dropped or reduced or otherwise putting up a strong defense.
When you have been charged with a criminal offense such as simple assault, having a dedicated defense attorney handling your case provides unmatched advantages. You have an advocate on your side protecting your rights throughout the legal process, intervening to avoid mistakes that could undermine your defense, gathering all evidence that supports arguments in your favor, and developing a personalized legal strategy tailored to the facts of your situation.
Your freedom and your future are at risk, so it’s important to make your legal defense a priority by retaining professional representation committed to your best interests.