Aggravated assault is a type of violent crime which can carry steep penalties. The felony offense of aggravated assault punishes the threat of violence with a deadly weapon or firearm. Actual physical harm is not required.
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.
Florida Aggravated Assault Information Center
- Aggravated Assault in Florida
- Increased Classifications for Assault
- Penalties for Aggravated Assault in Florida
- Related Resources on Assault
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.
Lesser offenses for the crime could include discharging a firearm in public under Florida Statute Section 790.15 and improper exhibition of a dangerous weapon or firearm under Florida Statute Section 790.10. Both of which would be considered weapons charges.
Florida Statute for aggravated assault on a law enforcement officer provides for serious felony penalties and punishments. The assault 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, 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.
An aggravated assault charged under Florida Statute Section 784.011 is a third-degree felony punishable by a $500 fine and five years in Florida State Prison.
If the assault was committed on a law enforcement officer, a person 65 years old or older or anyone else covered by Florida Statute § 784.07, then the charges and penalties could be increased to a more serious offense.
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.
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 Leon County, FL. During the free consultation, you can discuss the facts of your case with an attorney.
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 Wednesday, September 14, 2016.
Attorney Don Pumphrey Jr. is a former prosecutor, former law enforcement officer, and a successful and experienced criminal defense attorney.