Monthly Archives: April 2015

Simple Assault v. Aggravated Assault

Simple Assault v. Aggravated Assault Q. What is the difference between a simple “assault charge” and an “aggravated assault charge”?

A. The difference between these two charges is separated by what act or acts characterize the assault, and what means are used to carry it out. “Assault” is defined as an intentional, unlawful threat by word or act, to do violence to another person coupled with the apparent ability to do so, and the doing of some overt act that creates a well founded fear in the victim that such violence is imminent. [Florida Statute 784.011]. ” Aggravated assault” is an assault committed with a deadly weapon.. [Florida Statute 784.021].

Q. What types of charges and sentencing are associated with these crimes?

A. In the State of Florida, a simple assault charge is a second degree misdemeanor punishable by up to sixty days in jail and aggravated assault is a third degree felony that punishable by up to five years. Other circumstances associated with this crime, however, may substantially increase that sentence.

If you or someone you know has been charged with any form of assault, you need an aggressive criminal attorney that will defend your rights. Andrew Shafii, Esq., and Mustafa Ameen, Esq. are former prosecutors who are knowledgeable about these crimes and are dedicated to helping you face the serious consequences associated with them. Call 1-800-436-4357 for a free consultation.

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How Many Drinks Does It Take?

How Many Drinks Does It Take?    When planning an evening out with friends, it is important to always appoint a designated driver to take you from point A to point B if alcohol is involved. You may predict that one beer won’t impair your judgment or significantly increase your Blood Alcohol Level, but the way your body absorbs alcohol varies depending on a variety of factors.  These factors range from your body weight to how much food you’ve eaten on a particular day.  Moreover, when people estimate of how many drinks it takes to become intoxicated or impaired, they tend to think that more drinks cause less damage than they actually do.  See the chart below.

So what Blood Alcohol Level can land you in trouble? It depends on your age and occupation. If you are over the age of 21 and legally able to drink, you will receive a DUI if you receive a breath test which reveals a Blood Alcohol Level of .08 or above. If you operate a commercial vehicle and have a commercial driving license, the threshold for a DUI is even lower. In other words, if you are caught operating a commercial vehicle with a Blood Alcohol level of .04 or above, you are likely to receive a DUI.  Lastly, it is common knowledge that if you are under the age of 21, you are not legally permitted to consume any amount of alcohol. Therefore, a breath test which reveals a Blood Alcohol level of .02 more in a minor driver, will likely result in a DUI charge for that individual.

BLUE = Impaired Driver RED = Legally Drunk Driver

Weight Number of Drinks
1 2 3 4 5 6 7 8 9
100 0.032 0.065 0.097 .0129 .0162 0.194 0.226 0.258 0.291
120 0.027 0.054 0.081 0.108 0.135 0.161 0.188 0.215 0.242
140 0.023 0.046 0.069 0.092 0.115 0.138 0.161 0.184 0.207
160 0.020 0.040 0.060 0.080 0.101 0.121 0.141 0.161 0.181
180 0.018 0.036 0.054 0.072 0.090 0.108 0.126 0.144 0.162
200 0.016 0.032 0.048 0.064 0.080 0.097 0.113 0.129 0.145
220 0.015 0.029 0.044 0.058 0.073 0.088 0.102 0.117 0.131
240 0.014 0.027 0.040 0.053 0.067 0.081 0.095 0.108 0.121

This table is provided as a reference and it should not be relied upon to determine whether you are capable of operating a motor vehicle. Always keep in mind that there are a number of variables that can influence whether you are legally qualified to drive.

    If you or someone you know has received a DUI charge, you need to consult with an experienced DUI attorney like Mustafa Ameen, Esq., or Andrew Shafii, Esq. They are former prosecutors who are committed to defending your rights. For your free consultation, call the Law Office of Ameen and Shafii today at 813-436-4357.

Image credit: Kitipan Oudomsam

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