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Assault Charges in Florida

Under Florida Statute § 784.011, the offense of Assault requires that the prosecutor proves the following elements beyond all reasonable doubt:

  1. Defendant unlawfully and intentionally threatened by act or word to do violence to the alleged victim;
  2. At that moment, the defendant appeared to have the ability to carry out the threat; and
  3. The actions of the defendant created in the mind of the alleged victim a well-founded fear that the violence was about to take place.

Misdemeanor assault charges are second-degree misdemeanors punishable by up to 60 days in jail and a $500 fine.

Attorney for Assault Charges in Tampa, FL

If you have been arrested for assault or aggravated assault, contact an experienced criminal defense attorney to discuss the charges against you and the best way to aggressively fight those charges.

The attorneys at the Sammis Law Firm are experienced in aggressively fighting to protect clients charged with crimes of violence throughout the Tampa Bay area including misdemeanor assault and felony assault charges.

Call 813-250-0500 to discuss your case with an attorney either over the phone or in the office.

Felony Charges for Aggravated Assault Charges

Under Florida Statute Section § 784.021, the offense of Aggravated Assault does not necessarily require that the prosecutor prove that the defendant had an intent to kill but the prosecutor is required to prove all elements of assault along with the following:

  1. The assault was made with a deadly weapon, which is a weapon that is threatened to be used in a manner likely to cause great bodily harm or death; and
  2. The assault was made with a fully-formed, conscious intent to commit the crime upon the alleged victim.

A felony charge for aggravated assault is a third-degree felony punishable by up to five years in prison and a $5,000 fine.

Legal Defenses to Assault Charges

Legal defenses to assault charges include consent. The term "consent" means that the other person in the case was not a "victim" but consented to the contact. The most obvious case of defense would involve competitive contact sports. The second defense is "self-defense" or "defense of others."

Self-defense allows a person to use a reasonable amount of force against another person in order to stop an attack. Self-defense requires a showing of an immediate threat. In some cases, Florida's stand your ground statute might be applicable.

Finding a Lawyer for Assault Crimes in Hillsborough County, FL

If you have been arrested for assault or aggravated assault call our office to discuss your case with a Tampa attorney for assault cases. We represent clients charged with misdemeanor and felony assault charges in the Tampa Bay area, including Hillsborough County, Pinellas County, Polk County, and Pasco County.

Our main offices are in downtown Tampa, FL. We recently opened a second office in New Port Richey in Pasco County, FL. Call 813-250-0500 to discuss your case.

This article was last updated by on Monday, August 6, 2018.

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