21st Nov 2017
Florida has a variety of laws pertaining to assault. However, a criminal defense attorney in Broward County can explain that potential penalties for aggravated assault are more serious than for other types of assault. This is because the offense is considered to be more offense. Some things that a criminal defense attorney in Broward County may explain about these charges include:
Definition of Aggravated Assault
Florida defines this crime as an assault with a deadly weapon without the intent to kill or with the intent to commit a felony.
This crime is typically charged as a third degree felony. This carries a maximum term of imprisonment of five years and a fine up to $5,000. Additionally, a defendant convicted of this crime can be required to pay restitution to the victim.
In addition to the general penalties that a defendant faces for aggravated assault, he or she may face enhanced penalties if certain factors were present. For example, if the defendant used a firearm during the commission of the crime, the defendant will face a mandatory minimum sentence of three years in prison. If the victim was shot or the weapon discharged, the mandatory minimum prison sentence is up to 25 years.
The defendant may also face enhanced penalties if the victim is considered a special victim. Such victims include elderly individuals over age 65, a school employee, a visitor in jail, an elected official, an employ of DCFS, a law enforcement officer or certain public employee, the defendant may face a second-degree felony charge for aggravated assault.