Understanding Assault

Assault is the criminal act of threatening a person with physical harm and acting as though the threat is going to be carried out. Assault is a unique crime in that even though a threat is made to commit violence, the offender does not actually have to make physical contact with the victim in order for assault to occur. The focus of an assault charge is on whether the victim believed that he or she was going to be attacked, not whether the attack actually occurred. If you make a threat and act threateningly toward another person, you may find yourself arrested on an assault charge.

Suppose two individuals are arguing heatedly, and the argument escalates to the point that one person makes a physical threat towards the other. It could be something that is said in the heat of the moment without any intention of actually carrying out the threat. Then suppose that the individual who made the threat punches a wall close to the other person’s head out of frustration, with no physical contact made. The person standing next to the wall would likely flinch, thinking that she was about to be punched. Because she believed that she was in physical danger, the act of threatening the woman and then punching the wall may constitute assault.

Under Florida law, assault is a second degree misdemeanor. If you are convicted of an assault charge, you may be sentenced to up to 60 days in jail and required to pay a heavy fine. Depending on the severity of the case, you could also be required to complete community service hours and possibly have your driver’s license suspended. In addition, the assault charge will be added to your criminal record, which could affect your personal and professional life even years later.

Contact Us

If you have been arrested for assault, don’t enter the courtroom feeling unprepared to defend your case. Contact the experienced Boca Raton assault and battery lawyers of Eric N. Klein & Associates, P.A. today at 561-353-2800.