C.Y.
v.
STATE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Simple assault is a second-degree misdemeanor, not a first-degree misdemeanor, and an adjudicatory order incorrectly listing the degree must be remanded for correction.
[1] Simple assault under Florida law constitutes a second-degree misdemeanor, and an adjudicatory order incorrectly classifying the offense as a first-degree misdemeanor is s…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Whoever commits an assault shall be guilty of a misdemeanor of the second degree....”
Florida Statute § 784.011(2) defining the degree of simple assault
C.Y., a juvenile, was adjudicated delinquent of battery and misdemeanor assault. The trial court's order incorrectly classified the assault count as a…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Misdemeanor Classification cases and more on FLexlaw
PER CURIAM.
C.Y., a juvenile, appeals from the trial court's adjudicatory order, which found him delinquent of battery and of the lesser-included offense of misdemeanor assault. The order lists the assault count as a first-degree misdemeanor. C.Y. argues that the order is incorrect because assault is a second degree misdemeanor. The State agrees. See § 784.011(2), Fla. Stat. (2018) ("Whoever commits an assault shall be guilty of a misdemeanor of the second degree ...."). Because simple assault is a second-degree misdemeanor and not a first-degree misdemeanor, we affirm but remand for correction of the adjudicatory order. See Malone v. State, 225 So. 3d 335 (Fla. 3d DCA 2017) (affirming but remanding solely to correct the degree of the offense); Carrillo v. State, 865 So. 2d 528 (Fla. 3d DCA 2003) (same).
Affirmed with instructions.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Carrillo v. State, 865 So. 2d 528 (Fla. 3d DCA 2003)
- Steward v. Dep't of Child. & Families, 865 So. 2d 528 (Fla. 1st DCA 2003)
- Malone v. State, 225 So. 3d 335 (Fla. 3d DCA 2017)