13th Jan 2020
If you are facing assault charges, the first thing a South Florida criminal defense attorney will do is review the charges against you and explain the legal elements of the crime to you. There are several different types of assault charges under Florida law with varying definitions and possible penalties. An experienced South Florida criminal defense attorney can explain these important distinctions to you.
Simple assault is the intention and unlawful threat of harm against another person. To be convicted of this crime, the prosecutor must show that you had the apparent ability to carry out the threat. Furthermore, this threat must create a well-founded fear that violence is about to occur. The maximum penalty for this offense is 60 days in jail or six months of probation and a $500 fine.
The aggravated assault has the same legal elements as simple assault. However, it involves a threat made with a deadly weapon or while committing a felony offense. This crime is prosecuted as a felony. The maximum penalty for this offense is five years imprisonment or probation and a $5,000 fine.
Aggravated Assault with a Firearm
Aggravated assault with a firearm has the same legal elements as simple assault. However, the state must also prove that you committed the assault with a firearm. This offense is prosecuted as a third-degree felony and carries a maximum penalty of five years imprisonment and a $5,000 fine. It has a three-year mandatory prison term upon the conviction that it must be served in a Florida State Correctional Facility.
People who are charged with assault are also often charged with battery, which occurs when you make physical contact with another person. An experienced criminal defense lawyer can help you explain your legal options and defenses.