Assault Lawyer in Tampa, FL

Types of Assault Penalties in Tampa, Florida

Assault

What must the prosecutor prove in an Assault case in Tampa?

According to Florida Statute § 784.011, to prove the crime of Assault in Tampa, the prosecutor must prove the following three things:

  1. The Defendant intentionally threatened, either by word or act, to do violence to the victim;
  2. At the time the Defendant appeared to have the ability to carry out the threat;
  3. The act of the Defendant created in the mind of the victim a well-founded fear that the violence was about to take place.

What are the maximum penalties in an Assault case?

In Florida, an Assault is a second-degree misdemeanor punishable by a maximum of:

  • A jail sentence of 60 days
  • A $500.00 fine
  • 6 months of probation

Possible Defenses to an Assault in Tampa Charge:

The Florida Stand Your Ground Law

Under the Florida Stand Your Ground Law a person is justified in threatening to use force against another if the person reasonably believes that such conduct is necessary to defend him or herself against the other's imminent use of unlawful force. A person may also threaten to use force to protect property.

Self Defense to an Assault Charge

Even when a judge rules that the Florida Stand Your Ground Law does not apply in a case, a person accused of Assault can still claim he or she acted in Self-Defense.

If a jury, or in the case of a bench trial, the judge, were to find that there was a reasonable doubt as to whether or not a person was justified in using an Assault to protect himself or herself, then the jury or judge should find the person not guilty.

Conditional Threats

In the case of Butler v. State, 632 So.2d 684 (Fla. 5th DCA 1994),a Florida court held that a conditional threat to do injury at some unspecified future time based upon a possible eventuality does not constitute an Assault.

For example, imagine that Person A approached Person B in a parking lot and stated the following to Person B: “If I ever see you around here again, I'll break your nose.”

In this case, Person A's threat is a conditional threat to do injury at some time in the future. Therefore, there is no Assault.

No Fear of Imminent Harm

In the case of H.W. v. State, 79 So.3d 143 (Fla. 3rd DCA 2012), a student threatened a school administrator that something would happen to her “that day”. The Court found that this threat was not sufficient for an Assault, because the threat of violence was not imminent.

Another example would be if Person A approached Person B in a parking lot and stated the following to Person B: “I'll break your nose tomorrow night.” There is no Assault as the threat of violence is not imminent.

No Ability to Carry Out the Threat

In the case of L.R. v. State, 698 So.2d 915 (Fla. 4th DCA 1997), a juvenile threatened a victim with a knife. However at the time of the threat, the juvenile and the victim were ten feet apart, and another person stood between the juvenile and the alleged victim. The Court held that there was insufficient evidence that the alleged victim was fearful of imminent harm from the juvenile.

In the case of L.C. v. State, 799 So.2d 330 (Fla. 5th DCA 2001)the alleged victim, testified that she was in her apartment when she heard a loud knock. She ran to the living room, looked out the locked sliding glass door and observed a juvenile and several other people. The juvenile told the alleged victim: “come out the door . . . I'm going to beat your ass”, but the juvenile never tried to enter the apartment. The Court held that because the alleged victim was inside a locked apartment, the juvenile did not have, or appear to have, the ability to carry out the threat and therefore there was no Assault.

Another example would be if a police officer arrested, handcuffed, and placed an arrestee in the back of a patrol vehicle. If the arrestee told the officer that he was going to punch him in the face, there would be no Assault because the arrestee would not have the immediate ability to carry out the threat.

The Witnesses are Lying

Witnesses and alleged victims often lie to law enforcement about the facts of a case. For example, Attorney Hardy handled an aggravated assault case in which the alleged victim claimed that Attorney Hardy's client was the aggressor. However, Attorney Hardy conducted an investigation and discovered that a witness had called 911 during the incident. Attorney Hardy obtained a copy of the 911. On the 911 recording, the voice of the alleged victim could be heard repeatedly threatening Attorney Hardy's client and demanding Attorney Hardy's client come and fight him. Attorney Hardy presented this evidence to the State Attorney's Office and they dropped the case.

Assault On An Emergency Medical Care Provider

What must the prosecutor prove in an Assault in Tampa on an Emergency Medical Care Provider charge?

According to Florida Statute § 784.07, to prove the crime of Assault in Tampa on an Emergency Medical Care Provider, the prosecutor must prove the following six things:

  1. The Defendant intentionally threatened, either by word or act, to do violence to the victim;
  2. At the time the Defendant appeared to have the ability to carry out the threat;
  3. The act of the Defendant created in the mind of the victim a well-founded fear that the violence was about to take place;
  4. The victim was at the time an Emergency Medical Care Provider;
  5. The Defendant knew that the victim was an Emergency Medical Care Provider;
  6. At the time of the assault, the victim was engaged in the lawful performance of his or her duties.

Who qualifies as an Emergency Medical Care Provider?

Florida Statute 784.07(1)(a) states, in part, that an “Emergency medical care provider” means an ambulance driver, emergency medical technician, paramedic, registered nurse, physician, medical director, or any person authorized by an emergency medical service who is engaged in the performance of his or her duties. The term “emergency medical care provider” also includes physicians, employees, agents, or volunteers of hospitals as defined in chapter 395, who are employed, under contract, or otherwise authorized by a hospital to perform duties directly associated with the care and treatment rendered by the hospital's emergency department or the security thereof.

What are the maximum penalties in an Assault on an Emergency Medical Care Provider?

In Florida, an Assault on an Emergency Medical Care Provider is a first-degree misdemeanor punishable by a maximum of:

  • One year of imprisonment
  • A $1,000.00 fine
  • 12 months of probation

Possible Defenses to an Assault an Emergency Medical Care Provider Charge:

The Florida Stand Your Ground Law

Under the Florida Stand Your Ground Law a person is justified in threatening to use force against another if the person reasonably believes that such conduct is necessary to defend him or herself against the other's imminent use of unlawful force. A person may also threaten to use force to protect property.

Self Defense

Even when a judge rules that the Florida Stand Your Ground Law does not apply in a case, a person accused of Assault on an Emergency Medical Care Provider can still claim he or she acted in Self-Defense.

If a jury, or in the case of a bench trial, the judge, were to find that there was a reasonable doubt as to whether or not a person was justified in using an Assault an Emergency Medical Care Provider to protect himself or herself, then the jury or judge should find the person not guilty.

The Victim Was Not Engaged in the Lawful Performance of His or Her Duties

In order for the State to bring a charge of Assault on an Emergency Medical Care Provider, the victim must have been engaged in the lawful performance of his or her duties at the time of the Assault.

For example, imagine a paramedic is arriving to work at a hospital and the paramedic and Person B get in an argument over a parking spot. Imagine further that Person B makes a fist and threatens to punch the paramedic.

Because at the time of the assault the paramedic was not engaged in the lawful performance of his duties, Person B can't be convicted of Assault on an Emergency Medical Care Provider. However, it is possible that Person B could be convicted of simple assault in Florida.

The State Must Prove That the Victim was an Emergency Medical Care Provider

In the case of Spurgeon v. State, 114 So.3d 1042 (Fla. 5th DCA 2013), the Defendant was charged with battery on an emergency medical care provider for spitting in the face of hospital security officer. At trial, the State was required to prove that the hospital where the incident took place fit the legal definition of a hospital as laid out in Chapter 395 of the Florida Statutes. Because at trial the State failed to prove the hospital fit this precise legal definition, the Court overturned the Defendant's conviction.

Assault In Tampa On A Firefighter

What must the prosecutor prove in an Assault on a Firefighter Charge?

According to Florida Statute § 784.07, to prove the crime of Assault in Tampa on a Firefighter, the prosecutor must prove the following six things:

  1. The defendant intentionally threatened, either by word or act, to do violence to the victim;
  2. At the time the defendant appeared to have the ability to carry out the threat;
  3. The act of the defendant created in the mind of the victim a well-founded fear that the violence was about to take place;
  4. The victim was at the time a Firefighter;
  5. The Defendant knew that the victim was Firefighter;
  6. At the time of the assault, the victim was engaged in the lawful performance of his or her duties.

Who qualifies as a Firefighter?

Florida Statute 784.07(1)(b) states that a “Firefighter” means any person employed by any public employer of this state whose duty it is to extinguish fires; to protect life or property; or to enforce municipal, county, and state fire prevention codes, as well as any law pertaining to the prevention and control of fires.

What are the maximum penalties in an Assault on Firefighter?

In Florida, an Assault on a Firefighter is a first-degree misdemeanor punishable by a maximum of:

  • One year of imprisonment
  • A $1,000.00 fine
  • 12 months of probation

Possible Defenses to an Assault on a Firefighter charge:

The Florida Stand Your Ground Law

Under the Florida Stand Your Ground Law a person may commit an assault when that person reasonably believes the assault was necessary to defend himself or herself against another person's use of imminent and unlawful force.

Self Defense

Even when a judge rules that the Florida Stand Your Ground Law does not apply in a case, a person accused of Assault on a Firefighter can still claim he or she acted in Self-Defense.

If a jury, or in the case of a bench trial, the judge, were to find that there was a reasonable doubt as to whether or not a person was justified in using an Assault on a Firefighter to protect himself or herself, then the jury or judge should find the person not guilty.

The Victim Was Not Engaged in the Lawful Performance of His or Her Duties

In order for the State to bring a charge of Assault on a Firefighter, the victim must have been engaged in the lawful performance of his or her duties at the time of the assault.

For example, imagine a uniformed Firefighter is on break and drives his car to a restaurant to get something to eat.Imagine further that the Firefighter and Person B get in an argument over a parking spot and that Person B makes a fist and threatens to punch the Firefighter.

Because at the time of the assault the Firefighter was not engaged in the lawful performance of his duties, Person B can't be convicted of Assault on a firefighter. However, it is possible that Person B could be convicted of simple assault in Florida.

Assault On A Law Enforcement Officer

What must the prosecutor prove in an Assault on a Law Enforcement Officer case?

According to Florida Statute § 784.07, to prove the crime of Assault on a Law Enforcement Officer, the prosecutor must prove the following six things:

  1. The defendant intentionally threatened, either by word or act, to do violence to the victim;
  2. At the time the defendant appeared to have the ability to carry out the threat;
  3. The act of the defendant created in the mind of the victim a well-founded fear that the violence was about to take place;
  4. The victim was at the time a Law Enforcement Officer;
  5. The Defendant knew that the victim was a Law Enforcement Officer;
  6. At the time of the Assault, the victim was engaged in the lawful performance of his or her duties.

What are the maximum penalties in an Assault on a law enforcement case?

In Florida, an Assault on a law enforcement officer is a first-degree misdemeanor punishable by a maximum of:

  • One year of imprisonment
  • A $1,000.00 fine
  • 12 months of probation

Possible Defenses to an Assault on a Law Enforcement Officer Charge:

Self Defense to an Assault on a Law Enforcement Officer Charge

Under Florida law a person can't use force to resist an arrest by a law enforcement officer, or to resist a law enforcement officer who is engaged in the execution of a legal duty, if the law enforcement officer was acting in good faith and he or she is known or reasonably appears, to be a law enforcement officer.

However, if an officer uses excessive force to make an arrest, then a person is justified in the use of reasonable force to defend him or herself or another.

No Fear of Imminent Harm

In the case of Sullivan v. State, 898 So.2d 105 (Fla. 2d DCA 2005), a defendant with a kitchen knife charged at two Hillsborough County Sheriff's Deputies. Before the knife-wielding defendant made the wise decision to stop and drop his knife, he charged within 15 feet of the first deputy.

However, the defendant came no closer than 30 feet to the second deputy and the second deputy had shielded himself behind a sheriff's vehicle. Also, between the second deputy and the defendant was the first deputy, who had a gun in his hand and was pointing it at the defendant.

Because in order to attack the second deputy the defendant would have had to cross 30 feet of open space, get by the first armed deputy and then get by the sheriff's vehicle, the Court ruled that the second deputy was not the victim of an Aggravated Assault as it was unreasonable for him to have feared imminent harm.

The Officer Was Not in the Execution of a Legal Duty

In the case of D.J.D. v. State, 143 So.2d 1115 (4th DCA 2014) juvenile was refusing to obey his mother's instructions to get into her car. A police officer ordered the juvenile to follow his mother's instructions and get in the car, but the juvenile refused and pushed the officer away. The State charged the juvenile with Assault on a Law Enforcement Officer.

The Court ruled that forcing a juvenile to obey his mother is not part of a police officer's duty. Therefore, the juvenile could not be convicted of Assault on a Law Enforcement Officer.

Are you looking for the best Assault lawyer in Tampa Florida? Contact Attorney David C. Hardy.

Tampa Criminal Defense Attorney David C. Hardy is a former prosecutor that now represents persons accused of assault in Tampa. He is Board Certified by the Florida Bar and the National Board of Trial Advocacy as an Expert in Criminal Trial Law. As a prosecutor and defense attorney, he has extensive experience handling all types of assault cases.

If you or a loved one has been arrested for assault in Hillsborough County Florida, Pinellas County Florida, or Pasco County Florida, contact Attorney David C. Hardy. He has the knowledge, skills, and experience to guide you through this process and obtain the best possible results.