Assault may be one of the most misunderstood of all charges, because it is not necessarily about actual violence, but about the threat of violence and the ability to carry out that violence. It is often wrapped up with raw emotions and born of heated arguments, but it may also be cold and calculated. This is what you should know: Assault is considered a violent crime. The police take it seriously. The courts take it seriously. And you should take it seriously. At All Criminal Defense Group. in Tampa, we understand the consequences of a conviction for assault. As your Tampa assault attorney, we make sure that you understand the charges against you and work with you to develop a number of strategies to defend you effectively against any and all charges.
If assistance is needed during regular business hours, please call 813-672-1900. Or if there is an emergency and you need to call after hours, weekends and holidays please call telephone number: 813-551-3903 for assistance.
Was it simple assault or aggravated assault?
Under Florida law, a simple assault is generally a second-degree misdemeanor punishable by up to 60 days in jail or six months’ probation in addition to a $500 fine. Simple assault is defined as an unlawful and intentional threat directed at a person that causes a legitimate fear of being harmed.
Aggravated assault occurs when the unlawful and intentional threat is coupled with the ability to commit an act of violence. For example, an assailant armed or intending to commit a felony is charged with aggravated assault. Assault with a weapon, or aggravated assault, is considered a third-degree felony and carries penalties of up to five years in a penitentiary, a fine of $5,000, or both.
Were you charged with domestic assault or sexual assault?
Domestic assault occurs when the threat is made against a spouse or partner or any family member. With the heightened awareness of domestic violence over the past several decades, the state legislature, the police, religious groups and other entities have increased efforts toward ensuring swift and sure action against abusers.
Sexual assault is also viewed harshly by the courts. According to the U.S. Department of Health and Human Services Office on Women’s Health, sexual assault can be “verbal, visual, or anything that forces a person to join in unwanted sexual contact or attention.” In the state of Florida, sexual assault is also called rape. At the minimum, a sexual assault conviction is a second-degree felony that includes penalties of up to 15 years imprisonment and a fine of up to $10,000. Moreover, you are required to register with the Florida Sexual Offender System. Certain sexual assault charges are considered life felony crimes, punishable by life imprisonment and fines of as much as $15,000.
What is assault and battery?
Assault is the threat. Battery is the contact. In other words, if you make a fist and raise it in front of somebody’s face, you have committed assault. If you throw the punch, you have also committed battery. As described by Florida statutes:
“The offense of battery occurs when a person:
- Actually and intentionally touches or strikes another person against the will of the other; or
- Intentionally causes bodily harm to another person.
In most cases, if you are charged with battery, you are also charged with assault.
Contact our experienced Tampa assault attorneys
Get the legal counsel and representation you need to protect your rights. Call the Tampa assault defense attorneys at All Criminal Defense Group at 813-672-1900 or contact us online to schedule a free initial consultation.
AFTER HOURS, please call 813-551-3903.