Simple Assault and Battery in Florida and Juvenile Law

Simple Assault and Battery in Florida and Juvenile Law

No parent wants that phone call - the one when the principle informs you your child has been in a fight at football practice, and what’s worse, the police have been called. Although most parents wish to quickly smooth things over while ensuring their child understands the consequences of his or her actions, not every parent is looking to share blame. If an injury is serious enough, parents may threaten to press charges, which can leave your teenager in a precarious position.

Florida Assault Law

Under Florida law, simple assault is a second-degree misdemeanor and occurs when you threaten another with harm, have the actual ability to do such harm, and the other person believes himself or herself to be in danger of such harm. Simple battery occurs when you intentionally touch or cause harm to another without his or her consent. Although assault and battery are separate offenses, they often occur as part of the same offense. Potential punishments for a second-degree misdemeanor in Florida are as follows:

• A fine of not more than $500
• Up to sixty (60) days in jail
• Payment of court costs and fees
• Other punishment as the Court may deem proper

Luckily, if you are under the age of 18 in Florida, you will likely be processed through the Florida Department of Juvenile Justice and not the traditional court system.

Expungement and Sealing of Juvenile Assault Records

As do parents, the State of Florida seeks to strike a balance between punishment and rehabilitation for juvenile offenders. As such, most second-degree misdemeanors committed by juvenile offenders can be expunged (removed from the child’s record) after successful completion of a “diversion program” offered by the Florida Department of Juvenile Justice. Further, if your loved one is convicted of a juvenile offense, an experienced Florida juvenile justice attorney can assist you in filling out a juvenile expungement application. Although this application can be accessed by private individuals, contacting an attorney for assistance can greatly increase your chances of ensuring your child’s record is cleared.

Don’t Delay: Contact a Qualified St. Petersburg Attorney Today

The Khonsari Law Group has experience handling juvenile offenses in the greater Tampa Bay area, and they care about balancing the needs of every child, both now and in the future. Contact them today for a FREE, no-risk consultation at (727) 269-5300 if your child has been convicted a juvenile offense. 1 www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String&URL=0700-0799/0784/Sections/0784.011.html 2 www.djj.state.fl.us/youth-families/for-youth