What are Assault Charges in Florida? What is the difference between an assault and a battery?
This criminal charge is a second degree misdemeanor charge which carries with it up to 60 days in jail, 6 months of supervised probation and a fine of $500.00.
An assault is to put someone in eminent fear of harm or attack and the person making the threat has to have the ability to carry out the threat.
What that means is if someone says "if I had a gun I would shoot you!" and the person does not have a gun then the threat is not actual and not eminent and therefore there is no assault. The treat has to be real and cannot be a conditional threat as well.
The difference between an assault and battery: A battery is an actual touching against ones consent, such as a push or a punch; whereas an Assault is not a touching of anyone just a threat of violence. A battery is a misdemeanor of the first degree which is punishable up to 1 year in the county jail, 1 year of supervised probation and a fine of $1,000.00.
If a firearm is used in the commission of the crime then it is a felony of the third degree which also carries a 3 year minimum mandatory sentence which means that the maximum prison time is five years but the individual must serve at least 3 years if convicted of the felony charge.