Can Verbal Threats Lead to Aggravated Assault Charges in Florida?
In Florida, verbal threats alone typically do not result in aggravated assault charges. However, verbal threats can lead to such charges if they are combined with certain actions or circumstances.
If you are facing an aggravated assault charge, it is critical to consult an experienced assault and battery attorney in Tampa with The Rickman Law Firm who understands when a verbal threat can escalate into aggravated assault.
What Is Considered Assault In Florida?
Assault is defined as an intentional, unlawful threat by word or act to do violence to another person, coupled with the apparent ability to carry out the threat, and creating a well-founded fear in the other person that violence is imminent. This means that a verbal threat alone can qualify as an assault if the threat is intentional, the person making the threat has the apparent ability to carry it out, and the threat causes the person hearing it to reasonably fear imminent harm.
What Is Aggravated Assault?
Aggravated assault is an assault that is made more severe due to the presence of aggravating factors. These factors include the use of a deadly weapon without the intent to kill, or an intent to commit a felony. A verbal threat can lead to aggravated assault charges if it is combined with the use or display of a deadly weapon or if the person making the threat is perceived to be attempting to commit a felony.
For example, threatening to shoot someone while holding a firearm could result in an aggravated assault charge, even if no physical violence or contact occurs.
Potential Penalties For Aggravated Assault
Aggravated assault is a third-degree felony in Florida, and a conviction can result in up to five years in prison, up to five years of probation, and fines of up to $5,000. If a firearm is involved, Florida’s 10-20-Life law may apply. This law enforces mandatory minimum sentences based on how the firearm was used:
- 10 years in prison if the firearm is possessed during the assault, 20 years if the firearm is discharged, and 25 years to life if someone is injured or killed by the firearm
How Verbal Threats Can Lead To Aggravated Assault
While verbal threats on their own are not usually enough for an aggravated assault charge, they can lead to one if other factors are present. The key factor is that the person being threatened must have a reasonable fear that the violence could happen right away.
Your aggravated assault lawyer in Tampa with The Rickman Law Firm will take time to understand the context and all surrounding details of the instance in order to create the most effective defense strategy possible for your case.
Consult With The Rickman Law Firm, the Top Law Firm in Tampa Bay
If you are facing an aggravated assault charge, the leading assault and battery attorney Tampa are ready to protect your rights.
Contact our office at (813) 370-1185 or fill out the consultation form for your free case consultation from a top aggravated assault lawyer in Tampa with The Rickman Law Firm today.
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.