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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 defense 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.

According to 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.
  • The potential to be considered as a habitual felony offender.

If the 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. Call our experienced Jacksonville assault attorneys today.

To learn more about your charges as well as what our firm can do for you, please contact a Jacksonville assault lawyer from the firm today!

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