Violent crimes are among the most serious and stigmatized offenses prosecuted in Florida. Still, they vary in severity. Simple assault is one of the least severe violent charges regularly prosecuted in Florida.
Typically, the state treats simple assault as a misdemeanor offense, rather than a felony. As a second-degree misdemeanor, simple assault can result in up to six months of probation, 60 days in jail and up to $500 in fines.
However, aggravated assault is different. When the state can justify aggravated assault charges, a defendant may face a third-degree felony charge. The penalties possible include up to $5,000 and fines and five years in prison. When does a simple assault become a felony aggravated assault?
After the use of a weapon to threaten another person
Assault is different than battery. In Florida, an assault involves an unlawful threat that leaves another person in reasonable fear for their physical safety. However, those threats can become a felony in scenarios where the party making the threat has a deadly weapon.
Someone who brandishes a knife or firearm during an argument without actually having the intent to kill the other person could face aggravated assault charges. Actually using the weapon is not necessary. Simply displaying it to the other party is adequate grounds for an aggravated assault charge.
Responding appropriately to allegations of felony assault or other violent crimes can help defendants minimize lasting consequences. An argument gone wrong could potentially lead to felony charges, even if no one sustained injuries. The right defense strategy can prove invaluable if an altercation results in aggravated assault charges.
