Possible Assault Conviction Penalties and Sentences in Florida?
Simple Assault Conviction Penalties in Florida
In Florida, an assault is defined as an intentional, unlawful threat by word or act to commit violence to another person - when the person making the threat has the ability to carry the threat out and makes the victim have a well-founded fear that violence is imminent (basically, the victim could reasonably fear that such violence will happen).
Whoever commits an assault shall be guilty of a second-degree misdemeanor*, punishable in accordance with the state statue (Fla. Sta. § 775.082 or § 775.083).
- This includes:
- A maximum fine of $500
- Up to 60 days in jail
- Up to 6 months of probation
A *misdemeanor is an offense that is punishable by monetary fines or incarceration of up to one year in jail. Jail time is normally served in a county or city jail. This means the maximum penalty for any misdemeanor, such as simple assault, in Florida is one year in jail - typically, a misdemeanor will not result in state prison time.
Assault on law enforcement officers, firefighters, emergency medical care providers, public transit employees or agents, or other specified officers:
When assault is carried out on public servants, such as those mentioned above, the penalties and convictions involved are upgraded:
- The category of the assault conviction is upgraded to a first-degree misdemeanor which is punishable by more serious consequences if convicted of assault in Florida:
- A maximum fine of $1,000
- Up to 1 year in jail
- Up to 1 year in probation
Aggravated Assault Conviction Penalties in Florida
If aggravated assault is committed, whoever commits the aggravated assault shall be guilty of a third-degree felony*, punishable in accordance with the state statue (Fla. Sta. § 775.082 or § 775.083 or §775.084).
- This includes:
- A maximum fine of $5,000
- Up to 5 years in jail* (use of a firearm increases the minimum sentence)
- Up to 5 years of probation
*Felony: This is given to more serious offenses and are crimes punishable by incarceration for more than one year. Individuals incarcerated as a result of felony assault (or battery) may serve their sentence in state or federal prisons - not in city or county jail facilities.
Upgraded Assault Penalties if Convicted of Assault in Florida
Convictions given to individuals based on their acts that constituted in committing assault or aggravated assault can be upgraded in Florida if the victim is:
- A public servant: law enforcement officers, firefighters, emergency medical care providers, public transit employees or agents, or other specified officers
- A staff member of a sexually violent predators detention or commitment facility
- Persons 65 years of age or older
- A Specified official or employee and if the person committing the offense knows or has reason to know the identity or position or employment of the victim. This includes anyone of these elected officials or employees of:
- A school district
- A private school
- The Florida School for the Deaf and the Blind
- A university lab school
- A state university or any other entity of the state system of public education
- A sports official
- An employee or protective investigator of the Department of Children and Families in Florida
- An employee of a lead community-based provider and its direct service contract providers
- An employee of the Department of Health or its direct service contract providers
- A code inspector and if the offender knew or had reason to know the victim’s employment status
- A visitor to or detainee in a prison, jail or detention facility