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Assault
Simple Assault:
Defined as:
  • Intentionally and unlawfully threatening (either by word or act) to do violence to the victim; WHILE
  • Appearing to have the ability to carry out the threat; AND
  • Creating a well-founded fear in the victim that violence is about to take place.
Penalties:
  • Assault is a misdemeanor of the second degree, punishable by up to 60 days in jail & no more than a $500 fine. 
- Section 784.011 of the Florida Statutes
Assault on Law Enforcement Officer, Firefighter, Emergency Medical Care Provider, Public Transit Employee or Agent, or Other Specified Officer:
  • Knowingly committing an Assault on any of the personnel specified under this statute will enhance the offense to a misdemeanor of the first degree, punishable by up to 1 year in jail & no more than a $1,000 fine.
- Section 784.07(2)(a) of the Florida Statutes
Aggravated Assault:
Defined as an Assault WITH:
  • A deadly weapon (but without intent to kill); OR
  • The intent to commit a felony.
Penalties:
  • Aggravated Assault is a felony of the third degree, punishable by up to 5 years in prison and no more than a $5,000 fine.
- Section 784.021 of the Florida Statutes
If Victim is 65 or older:
  • Committing an Assault on a victim 65 years of age or older enhances the offense to a misdemeanor of the first degree, punishable by 1 year in jail & no more than a $1,000 fine.
    • Section 784.08(2)(d) of the Florida Statutes ​
  • Committing an Aggravated Assault on a victim 65 years of age or older enhances the offense to a felony of the second degree, punishable by up to 15 years in prison & no more than a $10,000 fine. Anyone convicted of Aggravated Assault on a person 65 or older MUST be sentenced to a minimum of 3 years in prison. 
    • Section 784.08(2)(b) of the Florida Statutes​
Aggravated Assault on Law Enforcement Officer, Firefighter, Emergency Medical Care Provider, Public Transit Employee or Agent, or Other Specified Officer:
  • Knowingly committing an Aggravated Assault on any of the personnel specified under this statute will enhance the offense to a felony of the second degree, punishable by up to 15 years in prison & no more than a $10,000 fine.
  • Any person convicted of Aggravated Assault Upon a Law Enforcement Officer SHALL be sentenced to a minimum prison sentence of 3 years.
- Section 784.07(2)(c) of the Florida Statutes
CALL NOW FOR YOUR FREE CASE CONSULTATION WITH A TAMPA CRIMINAL DEFENSE ATTORNEY
  • A conviction for Assault, and to a greater extent Aggravated Assault, can have serious consequences including fines, probation, jail or even prison time. 
  • If you have been charged with Assault or Aggravated Assault, call (813) 787-4849 now for a free case consultation.
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