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Definition of "Aggravated Assault"
Florida law defines the crime of "Aggravated Assault" as an assault (as defined under Florida Statute 784.011), that involves one of the following two additional elements or characteristics:
(1) the assault is committed "with a deadly weapon" without intent to kill; or"
(2) the asssault is committed "with the intent to commit a felony."
Possible Penalty for "Aggravated Assault"
Aggravated Assault is clasified as a Third Degree Felony. This means that, if found guilty, the person charged with aggravated assault can receive a sentence of up to five years in Florida State Prison, or up to 5 years of probation, and a $5,000 fine. Keep in mind that this is the highest possible sentence that a judge could impose, and not necesarily the sentence that a judge would impose in any individual case.
Enhanced Penalties for offenses involving Special Victims (Florida Statute 784.07)
Under subsection 784.07( 2)(c), Florida Statutes, Aggravated Assault becomes a Second Degree Felony, if the victim is a law enforceent officer, firefighter, or EMT. This means that a person found guilty of a this enhanced offense can receive a sentence of up to fifteen years in Florida State Prison and a $10,000 fine. Also, there is a three year minimum mandatory sentence associated with this enhanced offense. This means that a judge must sentence the defendant to at least three years in Florida State Prison.
Record can't be sealed or expunged (Florida Statute 907.041)
Even if the aggravated assault charge is a person's first offense, and even if adjudication is withheld, Florida law prohibits the sealing or expunging of a crime of Aggravated Assault from a person's criminal record.
Possible Defenses to Assault & Aggravated Assault
As with any crime, a defense to Assault or Aggravated Assault can, if warranted, involve a denial of the allegations against the accused person, along with other general pre-trial and trial defenses.
However, there are three defenses that are specific to the charges of Assault and Aggravated Assault:
The threat was conditional (i.e. a conditional threat)
The threat involve words only and no action (i.e. an idle threat)
The alleged victim's fear was unreasonable (i.e. unreasonable fear).
A conditional threat is a threat that is conditioned on some other event occuring. For example, "come outside and I'll beat your ass" was found to be a conditional threat in LC v. State, 799 So.2d 330 (Fla. 5th DCA 2001). The court thought that this was a "conditional threat to do injury at some unspecified future time based upon a possible eventuality" and insufficient to sustain a conviction of Aggravated Battery.
An idle threat is a threat made without any "overt physical act," directed at the alleged victim, on the part of the accused person.
An alleged vicitm's fear is unreasonable if a reasonable person under similar circumstances would not believed that the defendant has an ability to carry out his threat or believe that violence is emminent.
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If you or a loved one is facing criminal charges, it's crucial to have an experienced attorney on your side. I will provide the guidance and legal representation you need to protect your rights and build the strongest defense possible.
