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Aggravated Assault

Violent crime lawyer in Tallahassee

Aggravated assault is a  violent crime which can carry steep penalties. The felony offense of aggravated assault punishes the threat of violence with a deadly weapon or firearm. Contrary to popular belief, actual physical harm is not required to be convicted of assault charges in the state of Florida.

In many of these cases, the only harm is putting the alleged victim in fear of an immediate act of violence. The action occurs after a physical threat of violence, but under certain circumstances is also accompanied by a verbal assault.

Tallahassee Aggravated Assault Lawyer

If you are charged with aggravated assault, it is important that you understand your rights and the charges you face. Just because you were arrested does not mean that you will be convicted of the crime. Contact the experienced criminal defense lawyers at Pumphrey Law to discuss your charges and potential defenses.

The prosecutor with the State Attorney’s Office typically makes a filing decision within the first 21 days after an arrest. Hiring legal representation early in the process gives your attorney a chance to present mitigating evidence and attempt to convince the prosecutor to file no charges or at least lesser charges, such as a misdemeanor simple assault charge, carrying a concealed weapon or improper exhibition of a firearm.

The attorneys at Pumphrey Law represent clients charged with aggravated assault in Tallahassee and the entire Big Bend region including Monticello in Jefferson County, Quincy in Gadsden County, Crawfordville in Wakulla County and Bristol in Liberty County. Call (850) 681-7777 to schedule a free consultation

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Florida Aggravated Assault Information Center

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Aggravated Assault in Florida

Under Florida law, assault is an illegal and intentional threat through words or action to commit violence on another person, accompanied by the apparent ability to follow through, which causes reasonable fear of such violence in the victim. The violence does not have to occur for it to be considered assault. It could simply be the threat.

For the assault to be considered aggravated assault, the alleged offender must make the threat with a deadly weapon. In this case, a deadly weapon could be considered a firearm, a knife or anything else that could cause severe bodily injury or death. At this point, an individual may be charged with aggravated assault with a deadly weapon

Lesser offenses for the crime could include discharging a firearm in public under Florida Statutes Section 790.15 and improper exhibition of a dangerous weapon or firearm under Florida Statutes Section 790.10. Both of which would be considered weapons charges.

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Increased Classifications for Assault

Aggravated assault on a law enforcement officer provides for serious felony penalties and punishments under Florida law. This increased penalty statute covers certain types of victims including:

  • Federal, state and local law enforcement officers;
  • Correctional officers;
  • Probation officers;
  • Accident investigation officers;
  • Parking enforcement specialist;
  • Traffic infraction enforcement officers;
  • Emergency health care providers;
  • Firefighters; and,
  • Traffic security officers employed by the Board of Trustees of a Community College

To convict someone of aggravated assault under this increased penalty, it must be proven the alleged offender knew the victim was an officer, security guard, firefighter, emergency care provider or other covered person and the victim was engaged in the lawful performance of his or her duties.

An aggravated assault committed against an elderly person who is 65 years of age or older is subject to enhanced penalties. The elements of this offense are the same as aggravated assault except that the prosecutor must also prove that the alleged victim was 65 years of age or older.

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Penalties for Aggravated Assault in Florida

An aggravated assault charged under Florida Statutes §784.021 is a third degree felony punishable by a $500 fine and five years in Florida State Prison.

If the assault was committed against a law enforcement officer, a person 65 years old or older or anyone else covered by Florida Statutes § 784.07, then the charges and penalties could be increased to a second degree felony with a minimum of 3 years in prison.

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Related Resources on Assault

  • Florida’s Aggravated Assault Statute
    Find the statutory language and legislative history of the aggravated assault statutes from the Florida Legislature’s official website of property. Learn more about the statutory maximum and minimum penalties.

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Finding an Attorney for Aggravated Assault in Tallahassee, FL

If you have been charged with aggravated assault, contact an attorney experienced in fighting violent crimes in Tallahassee and Leon County, FL. During the free consultation, you can discuss the facts of your case with an attorney. Pumphrey Law will fight for the best possible outcome in your case, anywhere in Florida.

Pumphrey Law can help you fight to get the best possible results in your case. Call (850) 681-7777 to schedule a free consultation.

This article was last updated on March 23, 2021.

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