Assault is defined by Florida Statue 784.011. It is an intentional, unlawful threat by word or acts to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.

Aggravated assault, an enhanced type of assault charge, is defined by Florida Statue 784.012. It is considered aggravated if it is made with a deadly weapon or while committing a felony offense. The penalties are much more severe and will carry a minimum mandatory prison sentence. 

A weapon is considered a deadly weapon if it is used or threatened to be used in a way likely to produce death or bodily harm. These weapons typically are knives, firearms, and motor vehicles.

Unlike simple assault cases, felony cases involve a greater amount of evidence. In defending these cases, it is important to challenge the State’s evidence. It is not uncommon to call defense witnesses to testify on the defendant’s behalf.

Simple Assault

• Second-degree misdemeanor
• Maximum penalty of 60 days in jail or 6 months of probation
• $500 fine

Aggravated Assault

• Third-degree felony
• Maximum penalty of 5 years in prison or 5 years probation
• $5,000 fine

The court may impose additional sanctions such as anger management classes, counseling no contact with the victim, and do not return.

• Self-defense
• Consent
• Defense of others
• Defense of property
• Lack of immenency
• Conditional threats

Attorney Brandon Gans understands that each case is unique. Therefore, he will tailor a theory of defense specific to each case’s facts and circumstances. Call Gans Law now for a free consultation.