An “assault” is defined by statute as “an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.” Fla. Stat. 784.011. This crime is only a second-degree misdemeanor punishable by up to 60 days in jail.
However, should the assault be committed with a deadly weapon, it becomes a felony of the third-degree punishable by up to five years in prison. Unfortunately, many people have been charged with an aggravated assault even though they were only trying to scare away potential attackers. In this type of situation, criminal defense attorney Adam L. Bantner, II can help defend your case and gather evidence of self-defense. Call 813.416.7965 today for your free consultation with your Hillsborough County criminal defense lawyer.
THE STATUTE, FLA. STAT. 784.021
(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, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Aggravated assault is a third-degree felony punishable by up to five years in prison and/or probation and a $5,000.00 fine. It is a Level 6 felony meaning that it carries 36 points. As such, it doesn’t take much of a criminal history or additional charges for this crime to cause a minimum prison sentence. However, the charge by itself does not mandate any prison.
Pushing the Limits of the Charge
Check out our blog post on this crime here!
Adam Bantner – Criminal Defense Attorney at Law
If you are in need of an expert criminal defense attorney specializing in legal defense against DUI, traffic, criminal, violent crime charges, or a personal injury – you’ll find it here.
Adam L. Bantner, II is a Board Certified Criminal Trial Attorney representing those accused of crimes in Hillsborough and Polk counties. He is the Past President of the Hillsborough County Association of Criminal Defense Attorneys., is a Super Lawyers Rising Star, and AVVO rated “Superb.” Adam is a member of Valrico Law Group.
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Adam Bantner, II is a Board Certified Criminal Trial Law Attorney representing those accused of crimes in Hillsborough and Polk Counties. When you are facing criminal charges, you want an expert in your corner. The Florida Bar has recognized Adam as an expert criminal defense attorney.
I have been defending the accused since 2006 and am Past President of the Hillsborough County Association of Criminal Defense Attorneys.
I have tried over 30 jury trials, on charges ranging from driving on a suspended license to murder.
In addition, I am a Brandon personal injury attorney. If you’ve been injured through no fault of your own, give me a call to see how we can help!
I approach each case on the principle that every client deserves zealous representation, with attention to detail and to their individualized needs. My mission is to get the best possible result for every client, in every case, every time. Give me a call to see how I can assist you to get the best results in your case. I are here to help.