Jacksonville Assault Lawyer
Arrested for a violent crime or threatening? - Call (904) 701-0591 Today
Assault, typically paired with the crime of battery, is a criminal offense
that involves threatening another individual or individuals. In the case
of simple assault, the
violence is only "apprehended," meaning that no physical violence had
to be present for this crime to take place. So long as the victim felt
that the threat of violence was real and could be carried out, assault
is legitimate and will be charged as a second-degree misdemeanor.
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Assault can be committed as a crime in and of itself but is also frequently
accompanied by other crimes or aggravating factors such as the presence
of a deadly weapon or assault with battery. The penalties and the charges
will differ drastically depending on the unique factors present in each
case. If you were arrested and are now facing assault charges, speak with
a Jacksonville assault attorney from our firm immediately.
Work with our dedicated and experienced Jacksonville criminal attorney
today to fight for your rights!
Contact us today at (904) 701-0591!
Assault with a Deadly Weapon
Assault with a deadly weapon is considered aggravated assault. There are
a few different types of aggravated assault recognized in Florida. A deadly
weapon could be considered a gun, a knife or other types of objects used
for the purpose of causing harm such as brass knuckles or explosives.
Even unloaded guns can be considered deadly weapons.
784.021 of the Florida Statutes, aggravated assault is defined as "an assault:
a) with a deadly weapon without intent to kill; or
b) with intent to commit a felony."
Aggravated assault with the intent to commit a felony is considered a third-degree
felony. As you can see, aggravated assault raises the charges from a second-degree
misdemeanor up to a felony offense of the third degree.
Penalties for Assault: Misdemeanors & Felonies
Simple assault when charged as a second-degree misdemeanor is punishable
as provided by 7775.082 or 775.083 of the Florida Statutes.
The penalties for second-degree misdemeanor assault are:
- Maximum imprisonment of 60 days.
- Maximum fine for simple assault is $500.
The penalties for a third-degree felony, according to the Florida Statutes, are:
- maximum imprisonment of five years
- fines up to $5,000 and;
- The potential to be considered as a habitual felony offender.
aggravated assault was committed and the defendant had prior felonies on their record, then
they may be sentenced to ten years in prison according to Florida Statute 775.084.
If you are facing an assault charge, you need
criminal defense representation no matter what your circumstances. You may have prior offenses,
you may have been charged with aggravated assault or you may have no prior
experience with the criminal justice system.
To learn more about your charges as well as what our firm can do for you, please
contact a Jacksonville criminal defense lawyer from the firm today!