When people think of aggravated assault, they likely think of a terrifying threat to someone’s life that involves the use of a deadly weapon. While that certainly does constitute the makings of a felony, it doesn’t account for every instance in which a person can be charged with aggravated assault. Below, we discuss how a failed attempt to commit a felony can actually lead to a felony conviction of aggravated assault. If you’ve been charged with aggravated assault, consult an aggravated assault attorney in St. Petersburg.
If you commit assault while attempting to commit a felony, you can be charged with and convicted of aggravated assault. Remember, assault and battery, while similar, are not the same. Assault is the threat of violence, not the act itself.
Aggravated assault contains two elements: an assault with a deadly weapon or an assault with the intent to commit a felony. The first element is fairly self-explanatory; however, there are numerous felonies that could elevate assault to aggravated assault. Murder, burglary, kidnapping, arson, and drug distribution are all examples of felonies. Theft is another offense that can easily lead to a felony — the taking of property valued at only $750 or more is considered grand theft in Florida.
Imagine a confrontation in the middle of a drug deal, car theft, or mugging where tempers flare and a threat is issued. Suddenly, someone is arrested and charged with aggravated assault. You can see how easily a minor crime attempt can escalate to an aggravated assault, a third-degree felony in Florida. Those convicted can be sentenced to up to five years in prison and fined up to $5,000.
Ask yourself, can I really afford to lose five years of my life? You didn’t commit battery, and you didn’t go through with a felony crime. Why should you be convicted of a crime that can come down to one person’s word against another’s?
If you have been blindsided by an aggravated assault charge, you are not without options. Depending on the specifics of your case, an aggravated assault attorney in St. Petersburg can build a strong defense that includes proving your innocence, showing that your constitutional rights were violated, or arguing that the case lacks evidence or a reliable witness, among other strategies. Don’t put your freedom at risk. Contact Anthony Rickman, the best aggravated assault attorney in St. Petersburg.
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.