Aggravated Assault in Florida
Aggravated Assault is not the same thing as an Attempted Battery...
”-- Richard HornsbyIf accused of Aggravated Assault in Florida, you need to know the:
Definition of Aggravated Assault
The crime of Aggravated Assault is defined as:
- An intentional and unlawful threat - by word or act - to commit violence against another person;
- With the apparent ability to carry through with the threat at the time it was made;
- And the threat created a genuine fear in the intended victim that the violence was imminent; and
- The accused made the threat:
- With a Deadly Weapon, or
- In the commission of a Felony.
What is Considered a Deadly Weapon?
A weapon is a "deadly weapon" if it is used or threatened to be used in a way likely to produce death or great bodily harm.
Penalties for Aggravated Assault
Aggravated Assault is a Third Degree Felony and is classified as a Level 6 offense under Florida's sentencing guidelines.
If convicted of Aggravated Assault, a judge can impose any combination of the following penalties:
- Up to five (5) years in prison.
- Up to five (5) years of probation.
- Up to $5,000 in fines.
Firearm Enhancement: Aggravated Assault with a Firearm
Aggravated Assault with a Firearm is technically the same offense as Aggravated Assault with a Deadly Weapon. However the allegation that the "deadly weapon" was a firearm triggers a three (3) year minimum-mandatory prison sentence if convicted as charged.
Public Safety Reclassification and Enhancement
Aggravated Assault is reclassified from a Third Degree Felony to a Second Degree Felony if the victim was a Law Enforcement Officer, Firefighter, or EMT. Additionally, the defendant will be facing a minimum-mandatory prison sentence of three (3) years in prison.
Permanent Criminal Record
Unlike many crimes, if you are a first-time offender and you plea to Aggravated Assault you will be ineligible to ever petition the court to seal your arrest or court records - meaning you will have a permanent criminal record.
Defenses to Aggravated Assault
There are two primary defenses (other than false allegations) to allegations of Aggravated Assault:
Conditional Threat
A statement that sets out a conditional threat to commit a violent act at some unspecified point in the future based upon a possible eventuality does not constitute an assault (although it could constitute another crime such as Disorderly Conduct).
Unreasonable Fear
If, while being "threatened", the accuser was taunting the defendant or did not actually believe the defendant would follow through with the threat, then a later claim of assault - usually because of pettiness - will be ruled unreasonable because the accuser did not actually feel threatened.
Contact Criminal Defense Lawyer Richard Hornsby
If you have been arrested or charged with the crime of Aggravated Assault in Central Florida, please contact Criminal Defense Lawyer Richard Hornsby today.
The initial consultation is free and I am always available to advise you of the proper course of action that can be taken.
