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ASSAULT LAWYERS SERVING BRADENTON AND SARASOTA

CHARGED WITH SIMPLE ASSAULT OR AGGRAVATED ASSAULT? DISCUSS YOUR CASE WITH A 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.

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 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.

DISCUSS YOUR CASE WITH A BRADENTON OR SARASOTA ASSAULT LAWYER IN CONFIDENCE

If you are facing an assault charge in Bradenton or Sarasota, we encourage you to contact us promptly for a free, no-obligation consultation about your legal rights. Call 941-404-8909 or contact us online now to speak with an assault lawyer in confidence as soon as possible.

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Fowler Law Group proudly represents the citizens of Sarasota and Manatee Counties as well as the surrounding Tampa Bay area. Our experienced team will help guide you through the judicial process and answer all of your questions with honesty and integrity. We understand the important nature of your call, and we will strive to return all calls within 24 hours. Contact us today by completing our online form or calling us at 941-404-8909.