Criminal Defense

Aggravated Assault in Florida

Gregory Salnick
March 22, 2022

Aggravated assault can result in severe penalties, which might affect your rights and freedom. Learn more about it here in this blog post.

What You Need to Know About Aggravated Assault in Florida

When you are charged with a crime in Florida, the first step to defending yourself in court is understanding the charges levied against you. Aggravated is a serious offense that can lead to jail time, so it is important to fully understand how aggravated assault is defined.

As it sounds, aggravated assault is considered a more severe form of assault where the offender uses a deadly weapon (without an intent to kill) or assaults someone with the intention of committing a felony.

Regular assault is considered a misdemeanor, but aggravated assault is considered a felony in Florida. Aggravated assault charges can have severe impacts on your personal and professional life. Therefore, if you are charged with aggravated assault, the best option is to seek professional help and advice from a West Palm Beach criminal defense attorney.

What is Aggravated Assault in Florida?

A simple assault occurs when an individual threatens someone (physically or verbally) with the intent of causing them harm. Aggravated assault, by contrast, occurs when there is an apparent ability for the individual to actually carry out the threats.

For example, if you threaten to harm your neighbor, that could be considered assault. But if you made the threat while holding a gun or a baseball bat, that would be considered aggravated assault. The circumstances surrounding a crime will determine your charges.

A common misconception is that an aggravated assault using a deadly weapon means that a firearm was used. A deadly weapon refers to an instrument or object that can be used as a weapon to cause bodily harm or death. Some examples of deadly weapons include vehicles, broken bottles, rocks, or baseball bats.

In addition, if the individual assaulted the victim with the intent of committing another form of a felony, he could face aggravated assault charges in Florida. Some offenses classified as felonies include kidnapping, robbery, sexual battery, or murder.

Aggravated Assault Penalties in Florida

Aggravated assault is a third-degree felony with penalties of up to five years in prison, probation, and/or a $5,000 fine. The penalties can be extreme depending on the circumstances surrounding the event.

For example, an individual convicted of aggravated assault can face up to 20 years in prison if they fired a gun during the incident. On the other hand, if the individual committed aggravated assault while still perpetrating another felony, they could face separate indictments and penalties.

Typically, aggravated assault is highly defensible due to the absence of physical injuries and factual disputes as to how the alleged incident occurred. If there is no bodily harm, it could be one person’s word against another. Regardless, a West Palm Beach Criminal Defense Attorney can look at the facts of the case and help the defendant prepare the best defense possible.

Schedule a Consultation with a West Palm Beach Aggravated Assault Attorney

Aggravated assault can result in severe penalties, which might affect your rights and freedom. At The Law Offices of Salnick & Fuchs, we have a team of attorneys who can help defend your rights in court. Contact us online or call us at 561-286-8570 to speak with our team today.

Gregory Salnick

Mr. Salnick is a Florida Board Certified Specialist in Criminal Law. He began his legal career at the Palm Beach County State Attorney’s Office where he prosecuted over 90 jury trials, ranging from DUI to murder, armed robbery and drug trafficking. Mr. Salnick quickly gained a reputation as a tenacious and ethical attorney at law. Mr. Salnick now serves as state and federal criminal defense attorney at Salnick & Fuchs, P. A.

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