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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