Florida Criminal Law: Is the Crime of Assualt Considered a Felony or Misdemeanor?
In Florida, a crime can be charged as a misdemeanor (no greater than one year in prison) or felony (greater than one year in prison). A misdemeanor, like a felony, has different degrees, including first and second. If someone has committed or been charged with assault, then that is a second degree misdemeanor according to Florida Statute 784.011 (2010).
In accordance with Florida Statute 775.082(4)(b) (2010), a second degree misdemeanor is punishable by, “…a definite term of imprisonment not exceeding 60 days.” A misdemeanor is not punishable, even as a first degree, for greater than a year in prison, so this degree of misdemeanor actually reduces the overall possible time in jail even more.
In addition to jail time, a conviction of assault may include a fine to be paid in accordance with Florida Statute 775.083(e), (2010). A second degree misdemeanor can be punishable with a fine of $500.00. The fine can be part of the sentence and can be congruous with any sentence of jail time.
An assault may not require jail time, but it is in the State Attorney's hands to decide what may be agreed upon for punishment if there is a plea before trial. If a conviction is passed down from a trial, then these are the greatest sentences that could be imposed by the jury. To best understand your rights and options you should have a criminal law attorney fighting for you.
Michael A. Atter
Former Prosecutor
Keith L. Maynard
Former Assistant Public Defender
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