A seemingly ordinary night out, a routine traffic stop, or even just an average day can quickly take an unexpected turn. Whether you let your emotions get the better of you or you were falsely accused of assault, being arrested for simple or aggravated assault is no joke in Florida. But how do these two charges differ?
Criminal Defense Attorney Brian Gabriel has crafted compelling defense strategies for Floridians facing assault charges for over 30 years. If you or someone you care about is battling a criminal charge for assault in Florida, Mr. Gabriel can help. When you work with him, you can rest assured he will handle your case using all the knowledge and skill developed over the span of his three-decade career.
What Is Considered Assault in Florida?
In the state of Florida, assault is a criminal offense categorized as either a misdemeanor or a felony based on the specific circumstances surrounding the incident. According to section 784.011 of the Florida Statutes, assault is defined as:
“…an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.”
In simpler terms, assault involves a deliberate and seemingly genuine threat that is perceived as dangerous, causing reasonable fear in another person of an impending act of violence. While assault and battery are often associated, they are separate crimes. Battery–seen as the completion of an assault–involves intentional and non-consensual physical contact.
Simple Assault
Florida law further classifies assault into two categories based on the circumstances at the time of the incident: simple assault and aggravated assault. Simple assault, considered the basic form of assault, results in a second-degree misdemeanor charge. Penalties for simple assault may include:
- Up to 60 days in jail,
- Six months of probation, and
- A fine of up to $500 upon conviction.
To be found liable for simple assault, there must be evidence of criminal intent, showcasing a deliberate intention to threaten another person with violence. Having a skilled attorney by your side can make a significant difference in the outcome of your case, as they can create a defense strategy for your specific circumstances.
Aggravated Assault
Aggravated assault, a more severe form of assault, is classified as a third-degree felony under Florida law. It involves assault with a deadly weapon or assault during the commission of another felony. Penalties for aggravated assault may include:
- Up to five years of imprisonment,
- Five years of probation, and
- A fine of up to $5,000.
Specific instances leading to aggravated assault charges include assault with a deadly weapon, such as brandishing a knife or firearm. The threat of harm is considered more severe in these instances, leading to an elevated charge. For instance, cases involving assault with a firearm may result in a mandatory minimum three-year sentence if convicted.
Committing assault during the commission of another felony, such as during a burglary, the assault charge will also be raised to aggravated assault.
Consult a Practiced Criminal Defense Attorney for Assault Charges in Florida
Whether you find yourself confronted with a simple assault charge or the more severe implications of aggravated assault, Criminal Defense Attorney Brian Gabriel’s seasoned approach confirms a thorough examination of the circumstances to build a robust defense strategy.
Start with a free consultation today by calling Criminal Defense Attorney Brian Gabriel of The Law Office of Gabriel & Gabriel at (561) 622-5575. You can also complete an online contact form to learn more.