Founding Attorney
You’ve been charged with simple assault—now what?
Maybe the prosecutor has already offered you a deal. Maybe you’re thinking about pleading guilty just to put the situation behind you. But before you make any decisions, take a step back. Pleading guilty might feel like the fastest way out, but it could have long-term consequences you didn’t expect. Let’s look at what simple assault actually means in Florida, what’s at stake, and whether taking a plea deal makes sense in your situation.
What Is Simple Assault in Florida?
Under Florida law, simple assault means you intentionally threatened someone with violence and had the ability to carry out that threat. No physical contact is required. Even a raised fist or an angry threat during an argument could be enough for the police to charge you.
Simple assault is typically charged as a second-degree misdemeanor. That means you could face:
- Up to 60 days in jail
- A fine of up to $500
- Probation, community service, or counseling
What to Consider Before Pleading Guilty
Before accepting a plea deal, it’s important to consider all angles. We know it can be tempting to move on and avoid the stress of court, but that decision can affect your life long after the case is over. Ask yourself:
- Is there strong evidence against me—like video footage or credible witnesses?
- Were there any misunderstandings, or was I acting in self-defense?
- Do I already have a record that could make this plea more damaging?
- Has the prosecutor offered a plea that truly benefits me?
Pleading guilty means you’re accepting the charge and the penalties that come with it. Once entered, it’s difficult—if not impossible—to take it back.
Consequences of a Guilty Plea
A misdemeanor might not sound serious at first, but a conviction for a violent offense like assault can affect many areas of your life.
Employment
Many employers conduct background checks. A conviction for assault could raise red flags, especially if you’re applying for jobs in education, healthcare, security, or any role that involves working with others closely.
Gun rights
While a misdemeanor assault charge won’t always lead to a federal firearm ban, it can still impact your ability to get or keep a concealed carry permit in Florida. It may also make you a target for stricter scrutiny if you try to purchase a firearm in the future.
Other fallout
- It could affect current or future child custody cases
- Your immigration status may be impacted if you’re not a U.S. citizen
- You may be ordered to attend court-mandated anger management classes
These consequences can follow you long after your case is closed.
Alternatives to Pleading Guilty
Depending on the facts of your case, there may be options that don’t involve pleading guilty at all. Some Florida jurisdictions offer pretrial diversion or deferred prosecution programs. These are usually available to first-time offenders and may include:
- Anger management courses
- Community service
- Restitution to the alleged victim
- Regular check-ins with a case manager or probation officer
If you complete the program, the charge may be dismissed. That means no conviction—and a better chance of moving forward without a record hanging over your head.
When It Might—or Might Not—Make Sense to Plead Guilty
Every case is different, and there’s no one-size-fits-all answer. But here’s a general breakdown:
Pleading guilty might be reasonable if:
- The evidence is strong and your attorney has negotiated a favorable deal
- You want to avoid the uncertainty of trial and can live with the consequences
You might want to fight the charge if:
- The alleged victim’s story doesn’t hold up
- You were defending yourself or someone else
- There’s a diversion program that could keep your record clean
Either way, don’t rush the decision. You only get one chance at how this charge plays out.
Talk to a Florida Criminal Defense Lawyer Before You Decide
If you’ve been charged with simple assault, you have more options than you may think. At Van Elswyk Law PLLC, we’ll review the evidence, talk through the risks, and help you decide the best way forward. Whether that means fighting the charge or working out a resolution that protects your future, we’ll be in your corner from start to finish. Call Van Elswyk Law today to schedule a confidential consultation and take the first step toward protecting your rights.