There are several types of assault charges in the State of Florida. The most minor of these types is known as Misdemeanor Assault. Misdemeanor Assault is a second-degree misdemeanor with a maximum penalty of 60 days in jail. This type of assault is defined according to Florida law as follows:
(1) An “assault” is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.
(2) Whoever commits an assault shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
As is evident from the statute, it is not necessary for physical contact to have occurred for a person to be arrested for assault. Oftentimes, someone who threatens another person with an object or throws an object at him or her can be charged with Misdemeanor Assault. If you have questions about your assault charge, please call my office in Orlando, Florida at (407) 415-9626.