Have you been accused of assault in Panama City? Here’s what you need to know about the distinctions between and possible penalties for simple and aggravated assault in Florida.
What Is Simple Assault?
In Florida, assault or simple assault occurs when someone intentionally threatens another person with violence. This includes threats made through words or actions, as long as the person making the threat has the apparent ability to carry it out. To qualify as a simple assault, the threat must create a well-founded fear in the alleged victim that the threatened violence is about to happen. Importantly, physical contact is not necessary for a simple assault charge. The threat itself, along with the fear it produces, is enough to constitute the offense.
Simple assault is a misdemeanor offense in Florida. In most cases, it is classified as a second-degree misdemeanor. However, if the assault takes place in connection with a riot or aggravated riot, the charge can escalate to a first-degree misdemeanor, which comes with harsher consequences.
What Is Aggravated Assault?
Aggravated assault is a more serious offense than simple assault. It occurs when someone commits an assault with a deadly weapon or with the intent to commit a felony. In this context, deadly weapons can include guns, knives, or any other objects that can cause serious injury or death, even if the person has no intent to kill. The key difference between aggravated and simple assault lies in the use of a weapon or the intent to commit an additional crime during the assault.
Aggravated assault carries more severe legal consequences because of the added threat involving a weapon or a planned felony. While simple assault is a misdemeanor, aggravated assault is usually a third-degree felony in Florida. However, the charges can be more severe if the person acts in furtherance of a riot or aggravated riot.
Penalties for Simple and Aggravated Assault in Florida
Simple assault, which is typically classified as a second-degree misdemeanor in Florida, is punishable by up to 60 days in jail and up to $500 in fines. If a simple assault charge escalates to a first-degree misdemeanor, which could happen if the offense occurs during a riot, the potential penalties increase. In these cases, a conviction could result in up to one year in jail and a fine of up to $1,000.
Aggravated assault, on the other hand, is usually a felony of the third degree, punishable by up to five years in prison and a fine of up to $5,000. Like with simple assault, these charges and penalties can increase if the aggravated assault occurs during a riot.
Potential Defense Strategies for Assault Charges
If you face assault charges in Florida, a lawyer can evaluate the evidence and develop a defense to challenge the prosecution’s claims. Possible defense strategies include:
- Self-Defense: You could claim self-defense if you believed you were in imminent danger of being harmed and used reasonable force to protect yourself or others.
- Lack of Intent: Assault charges require proof that you intended to threaten or harm another person. If your lawyer can demonstrate that your actions were accidental or misinterpreted, they could argue that you lacked intent.
- Consent: In some situations, you could argue that the alleged victim consented to the act. This defense might apply in cases where you voluntarily engaged in a physical confrontation, such as in a sporting event or mutual altercation.
- Stand Your Ground: Florida’s “Stand Your Ground” law allows you to use force, including deadly force if you reasonably believe it is necessary to prevent death or great bodily harm.
- Alibi: An alibi defense involves asserting that you could not have committed the assault because you were somewhere else at the time of the incident.
Contact a Florida Assault Defense Lawyer Now
If you or a loved one is facing assault charges in Florida, reach out to The Sombathy Law Firm today. Our experienced defense lawyers can review your case and discuss your legal options in a confidential consultation session.
