Assault vs. Aggravated Assault in Florida
Assault and aggravated assault charges are very common in Florida. Both involve one person threatening someone else. There are many key differences between these two charges, though. An assault charge can be upgraded to aggravated assault when there are certain circumstances involved in the case, such as if a weapon was used during the commission of the crime. Below, our Fort Lauderdale assault lawyer explains in further detail.
What is Assault in Florida?
When someone physically or verbally threatens another person and the victim is in fear for their safety as a result, the person uttering the threat may be charged with assault. Assault charges can apply even if the victim did not suffer any physical harm. In Florida, assault is classified as a second-degree misdemeanor, punishable by up to 60 days in jail and a maximum fine of $500.
In order to secure a conviction for a charge of assault, the prosecution has the burden to prove the following:
- The defendant intentionally threatened, by words or actions, to commit violence upon the victim
- The defendant appeared to have the ability to carry out their threat at the time
- The victim had a justifiable fear for their safety
Meaningless or empty threats that cannot be carried out cannot be classified as assault. A Fort Lauderdale assault lawyer can disprove that the above conditions existed.
What is Aggravated Assault in Florida?
There are multiple factors that can upgrade an assault charge into aggravated assault. In most cases, this requires the use of a deadly weapon. For the purpose of aggravated assault, a deadly weapon is defined as any weapon that is used or threatened to be used in a way that would likely result in great bodily harm or death. While many people immediately think of firearms, it can also include things like a beer bottle they threaten to smash over someone’s head, or a baseball bat that someone may swing around in a threatening or intimidating manner.
The status of the person being threatened can also upgrade an assault charge to aggravated assault. Any threat made towards a police officer, firefighter, emergency medical provider, or event a public transit employee is considered aggravated assault.
If the defendant threatened a person’s safety while committing another felony, or trying to commit another felony, the charge will also likely be upgraded to aggravated assault. Home invasions and robbery are two types of felonies that could result in an aggravated assault charge if someone’s safety was threatened.
Our Assault Lawyer in Fort Lauderdale Can Prepare Your Defense
If you have been charged with either assault or aggravated assault, you need a strong defense that will help you retain your freedom and avoid the long-term consequences of a criminal record. At Haber Blank, our Fort Lauderdale assault lawyer can provide it. We know the strategies that work best in these cases and can determine which one is right for you depending on the facts of your case. Call us now at 954-767-0300 or chat with us online to schedule a consultation and to get the legal help you need.
