Assault and Battery are offenses that depending on the facts and circumstances of a case can be charged as either a misdemeanor or a felony. Many people are not aware there is a distinction between the crimes of Assault and Battery. Under the laws of the State of Florida, Assault is defined as a threat of violence against another person. An important element of Assault is that the accused had the apparent ability to carry out the threat, and the person must have a well-founded fear that the harm was imminent.
Simple Assault is a second degree misdemeanor and is punishable by up to 60 days in jail. Assault can also be charged as an aggravated offense. To be classified as an aggravated assault either a deadly weapon must be used or the assault must be done with the intent to commit a felony. Aggravated assault is classified as a third degree felony, punishable by up to five years in Florida State Prison, If a deadly weapon is used during the Assault it could be charged as a third degree felony, punishable by up to 5 years in prison with a 3 year minimum mandatory sentence.
Individuals charged with Assault have a lot at stake, in some cases the accused might even be a Minimum Mandatory Prison sentence. Assault crimes in Florida are serious offenses that come not only with serious penalties, but also with parallel social and professional consequences as well. If you have been arrested for an Assault related offense, take the important first step in your defense and contact Attorney Jason Seidman.
As a former prosecutor, he will use his courtroom and trial experience to defend your rights if you are facing Assault charges. Call 954-740-0502 today to set up your free consultation to talk about your charges, you concerns, and discuss your best defense options.