Aggravated assault is a broad legal term that can cover a wide range of situations involving a violent act or the threat of violence. In Florida, aggravated assault is a third degree felony that can result in penalties including up to 5 years in prison. If you have been accused of aggravated assault, it’s important to contact an experienced aggravated assault lawyer in Tampa.
As explained under section 784.021 Florida Statutes, aggravated assault is defined as:
(1) An “aggravated assault” is an assault:
(a) With a deadly weapon without intent to kill; or
(b) With an intent to commit a felony.
(2) Whoever commits an aggravated assault shall be guilty of a felony of the third degree,
Although this legal definition gives us a basic understanding of the law, let’s delve deeper into the law by looking at the intent and what is defined as a deadly weapon.
One crucial element in an aggravated assault case is intent. Regardless of whether or not the defendant truly planned on harming another person or not, the threat of violence is considered sufficient evidence within the context of the law. In other words, the defendant does not need to make physical contact with another person to be charged with aggravated assault as long as the belief that the defendant intended to seriously harm the person was present during the exchange.
If a deadly weapon is wielded in an assault, this establishes that the act was considered aggravated assault under the law. A deadly weapon can include everything from a gun to a baseball bat to a beer bottle as long as the weapon is considered a threat to the person and may cause serious bodily injury or death. The deadly weapon does not need to be utilized to physically harm another person as well. If the defendant threatens a person with a weapon they are wielding then the fear of being harmed by this weapon could be considered aggravated assault.
When defending an aggravated assault charge, the details involved in the case are extremely important. Hiring an experienced aggravated assault lawyer in Tampa that understands the complex laws pertaining to aggravated assault is crucial. If you have been accused of aggravated assault, hiring an attorney that can closely evaluate your case may end up being the difference between serving a prison sentence or being found innocent of a crime.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.