Assault And Aggravated Assault
In Florida, there is a legal difference between assault and aggravated assault, and it can mean a difference between a misdemeanor and a felony.
What Is Assault?
Commonly in Florida, assault is charged as a misdemeanor if a person intentionally threatens someone (by word or action) with physical harm. Notice that it does not matter whether the person follows through on the threat to do physical harm. However, to file assault charges, there must be a reasonable possibility that the threat could be carried out and the intended victim must be in fear that violence may result. If some level of physical contact or injury results following the verbal or written threat, the charges may be increased to various levels of misdemeanor assault, or possibly a felony charge.
What Is The Difference Between Assault And Battery In Florida?
Assault and battery are distinct offenses in Florida. Assault involves the intentional threat of violence toward another person, creating a reasonable fear of imminent harm, but without physical contact. Battery involves actual physical contact or harm inflicted on another person.
What Are The Potential Penalties For Misdemeanor Assault In Florida?
Those convicted of misdemeanor assault in Florida could face penalties including:
- Up to 60 days in jail
- Six months of probation
- A fine of up to $500
The severity of penalties can vary based on the case’s specifics, such as prior convictions or aggravating factors.
When Does It Become Aggravated Assault?
An assault can be charged as felony aggravated assault when the threat is committed with a deadly weapon. Felony aggravated assault also has various degrees, each resulting in a harsher punishment, including a mandatory prison sentence. Battery or aggravated battery may be charged if the victim suffers any physical harm in an attack.
O'Brien Hatfield, P.A., Will Fight To Protect Your Rights
If you are under investigation or have already been charged with assault or aggravated assault, it is critical to your future to have the right criminal defense lawyer fighting for your future. Our founding attorney, Mark O’Brien, is a former prosecutor who has been involved in thousands of assault charges, both as prosecutor and defense lawyer.
Our track record includes achieving a reduction in charges, from aggravated assault with a deadly weapon and trespass to misdemeanor assault. This helped our client avoid the possibility of a five-year prison sentence.
Domestic Assault And Aggravated Assault
Police are often quick to arrest a person for assault when called to the scene of a domestic disturbance, even when no criminal intent is evident. We investigate the circumstances behind the assault charges and determine whether there are underlying motivations for pressing charges, which there often are in the case of pending divorce or a child custody dispute.
Can Assault Charges Be Reduced Or Dismissed?
In some cases, assault charges can be reduced or dismissed. These include a lack of intent, insufficient evidence from the person pressing charges or a lack of credible witnesses.
Contact O'Brien Hatfield, P.A., In Tampa And Orlando, Florida
We serve all of Florida, contact our Tampa office at , Orlando at , en Español at or complete our contact form to schedule your free initial consultation.
