Assault and Aggravated Assault

In Florida, an Assault is just a threat. This can be confusing as other states may refer to striking someone or touching someone unlawfully as assault. Striking or unlawfully touching someone in Florida is called Battery, of which there are several categories. 

Assault, sometimes called Simple Assault or Misdemeanor Assault, is intentionally threatening someone, by word or act, and placing them in actual fear. It is a second degree misdemeanor punishable by 60 days in jail and a $500 fine.

Aggravated Assault is threatening someone with a deadly weapon or threatening someone while intending to commit a separate felony, with the apparent ability to carry out the threat, and placing that person in reasonable fear that the threat will be carried out imminently. 

Florida Statute §784.021 defines the crime of Aggravated Assault as an intentional and unlawful threat against another person with a deadly weapon, or with the intent to commit a felony, which creates a well-founded fear that the threatened violence or harm is imminent. A “deadly weapon” is any weapon that is used or threatened to be used, in a manner likely to cause death or serious bodily injury. So, threatening to open a champagne bottle while pointing a cork at someone might be less likely to be found a deadly weapon, but threatening to hit them over the head with a champagne bottle may more likely qualify. The same item, two different results. Intent to commit a felony comes up when someone issues a threat during a robbery or other violent felony.

DEFINITION OF AGGRAVATED ASSAULT IN FLORIDA

To prove the crime of Aggravated Assault, the State of Florida must prove the following four (4) elements:

(1) The accused intentionally and unlawfully threatened, by word or act, to do violence to the alleged victim,

(2) At the time the threat was made, the accused appeared to have the ability to carry out the threat,

(3) The accused’s threat created in the mind of the alleged victim a well-founded fear that the violence was about to take place, and

(4) The assault was made either with a deadly weapon or with a fully formed conscious intent to commit a felony.

DEFENSES TO AGGRAVATED ASSAULT IN FLORIDA

A person accused of Aggravated Assault has all the traditional defenses of an Assault, to include:

(1) Self Defense or Defense of Other(s) 

(2) Stand Your Ground 

(3) False accusation / misidentification 

(4) There was no apparent ability to carry out the alleged threat

(5) Circumstances would have prevented carrying out the alleged threat, for example distance or barriers 

(6) The defendant’s actions were purely accidental with no criminal intent 

(7) The alleged threat was to commit a violent act in the future or contingent on something else happening first (conditional threat)

(amongst others…) 

However, there are additional defenses available addressing the deadly weapon or intent to commit a felony. As noted above, the designation of an item as a deadly weapon is a matter of the nature of the object and manner in which it was threatened to be used. Likewise, perhaps one’s intent was not to commit a felony, but to prank someone and it was horribly misinterpreted. At the end of the day, a case turns on facts and evidence to support those assertions. The State of Florida has the burden and it is a high one. All a defendant needs do is introduce a reasonable doubt. An experienced attorney can help narrow down the evidence and focus your defense to highlight doubts which may be raised.

PENALTIES FOR AGGRAVATED ASSAULT IN FLORIDA 

Aggravated Assault is classified as a third degree felony, punishable by up to five (5) years in prison, five (5) years of probation, and a $5,000 fine. It is a Level 6 offense, which does not score mandatory prison, but it is well within the discretion of the judge. That said, many factors go into sentencing, should it come to that. Hiring an experienced lawyer will aid you in negotiating a better sentence or arguing before the judge should negotiations with the State fall through.

Aggravated Assault with a Firearm used to be treated differently, with a three (3) year minimum mandatory sentence. That is no longer the case, but it still draws considerable judicial scrutiny if that is the charge.

CONTACT US

If you or a loved one has been accused of a crime of Assault or Aggravated Assault, we can help. We will gladly meet with you in our office in Fort Lauderdale, Orlando, or West Palm Beach. We serve clients all over Florida, with a focus in South Florida, including Miami-Dade County, Broward County, and Palm Beach County. Call us now for your free consultation.