OUR ASSAULT AND AGGRAVATED ASSAULT LAWYERS ARE HERE FOR YOU

CHARGED WITH SIMPLE ASSAULT OR AGGRAVATED ASSAULT? DISCUSS YOUR CASE WITH AN ASSAULT LAWYER TODAY

Florida law separately defines the crimes of simple assault and aggravated assault. While most people think they must cause physical harm or contact to be guilty of one of these crimes, this is not the case. Neither simple assault nor aggravated assault requires physical harm, which makes defending against assault charges in Bradenton and Sarasota challenging in many cases. But, our assault lawyers have helped many clients avoid serious consequences following assault charges, and we can use this experience to help you regardless of the facts of your case.

WHAT IS SIMPLE ASSAULT?

The crime of simple assault is defined in Section 784.011 of the Florida Statutes. Under this law, a person is guilty of simple assault if that person:

• Makes an intentional, unlawful threat of violence by words or action;
• Has the “apparent ability” to engage in an act of violence; and,
• Does something that creates a “well-founded fear” that violence is imminent.

As you can see, actually committing a violent act or causing physical harm or contact is not an element of a simple assault charge in Florida. If you cause another person to reasonably fear for their safety, you are at risk of facing a simple assault conviction under Florida law.

Also, while prosecutors must prove that you made an intentional threat, they do not need to prove that you intended to commit an act of violence. If the victim believed that you were prepared to commit an act of violence, this is enough to substantiate the charge.

In most cases, simple assault is a second-degree misdemeanor. This means that it carries up to 60 days in jail, six months of probation and a $500 fine. However, if committed during a riot or against a firefighter, police officer or EMT, simple assault can be prosecuted as a first-degree misdemeanor carrying up to a year in jail, a year of probation and a $10,000 fine.

OUR BRADENTON AND SARASOTA AGGRAVATED ASSAULT LAWYERS UNDERSTAND WHAT’S AT STAKE

The crime of aggravated assault is defined in Section 784.021 of the Florida Statutes. An assault case can be prosecuted as aggravated assault if it involves:

• Use of a deadly weapon without intent to kill; or,
• Intent to commit a felony.

A deadly weapon can be a firearm, knife, bat, poison or anything else that can be used to cause serious bodily injury or death. With regard to “intent to commit a felony,” intending to cause great bodily harm (aggravated battery), commit a sexual assault or commit burglary are all examples of “intended” crimes that can elevate an assault from simple to aggravated.

Aggravated assault is a third-degree felony in Florida. This means that it carries up to five years of imprisonment.

BREAKING DOWN DEFENSES TO ASSAULT CHARGES

There are several possible defenses to a simple assault charge under Florida law. Some of these defenses involve arguing that you did not actually commit the alleged crime. For example, under Section 784.011 of the Florida Statutes, the State must prove that you committed “some act which create[d] a well-founded fear.” If you simply made a threat without committing a physical act, or if the alleged victim’s fear was feigned or unreasonable, then you are not guilty of simple assault.

An assault lawyer may also be able to defend you by asserting your constitutional rights. If police or prosecutors have violated your rights, then it might not matter whether you committed a crime. The State’s evidence may be inadmissible in court, and this may mean that prosecutors have no way to prove your guilt beyond a reasonable doubt.