Assault Crimes in Florida – Orlando Criminal Attorney

Assault is considered a crime of violence and can have significant penalties. In these cases it is not uncommon for the parties involved to know or have past dealings with one another. It is also common for the parties involved to have conflicting stories about what occurred. If you have been arrested for assault, you should speak with an experienced Orlando assault attorney at your earliest opportunity to learn about your rights and the defenses that may be available to you.

Assault:

An assault is 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 an act which creates a well-founded fear in such other person that such violence is imminent.

An assault is usually a 2nd degree misdemeanor punishable by up to 60 days in the county jail. However, in some cases the level and penalties for the offense may increase depending on the circumstances, the victim’s profession, or the victim’s age.

Aggravated Assault:

An assault is 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 an act which creates a well-founded fear in such other person that such violence is imminent.

An aggravated assault is usually an assault with a deadly weapon without the intent to kill; or with an intent to commit a felony.

An aggravated assault is a 3rd degree felony punishable by up to 5 years in State prison. However, in some cases the level and penalties for the offense may increase depending on the circumstances, the victim’s profession, or the victim’s age. Also in some cases minimum mandatory sentences will apply, such as in cases where the deadly weapon is a firearm.

Assault on a Law Enforcement Officer:

The only difference between a simple assault crime and assault on a law enforcement officer is the employment status of the victim, which increases the level of the offense and the penalties the defendant faces.

This includes a law enforcement officer, a correctional officer, a correctional probation officer, a part-time law enforcement officer, a part-time correctional officer, an auxiliary law enforcement officer, and an auxiliary correctional officer, as those terms are respectively defined in Florida Statute 943.10, and any county probation officer; an employee or agent of the Department of Corrections who supervises or provides services to inmates; an officer of the Parole Commission; a federal law enforcement officer as defined in Florida Statute 901.1505; and law enforcement personnel of the Fish and Wildlife Conservation Commission, the Department of Environmental Protection, or the Department of Law Enforcement.

Because the victim of the offense is a law enforcement officer, the crimes are reclassified as higher level offenses as follows:

Assault – from a misdemeanor of the second degree to a misdemeanor of the first degree.

Aggravated assault – from a felony of the third degree to a felony of the second degree. Notwithstanding any other provision of law, any person convicted of aggravated assault upon a law enforcement officer shall be sentenced to a minimum term of imprisonment of 3 years.

Speak with an Orlando criminal attorney or review the Florida Statutes at the bottom of this page for some more information about assault crimes.

Experienced Orlando Criminal Attorney for Assault Crimes:

If you or a loved one have been arrested for the crime of assault, call the Wilson Law Firm today to speak with an experienced Orlando criminal attorney about your individual situation. In many assault cases, a properly prepared defense by a criminal lawyer will result in either reduced penalties, reduced charges, or a dismissal of the charges. Even in assault cases where the evidence of guilt is overwhelming, a properly prepared defense and presentation of mitigating circumstances by an Orlando criminal attorney can result in significant decreases in the penalties you receive.

Assault – Florida Statutes:

Speak with an Orlando criminal attorney or review the following Florida Statutes for more information on assault crimes:

Florida Statute 784.011 – Assault.
Florida Statute 784.021 – Aggravated assault.
Florida Statute 784.07 – Assault or battery of law enforcement officers, firefighters, emergency medical care providers, public transit employees or agents, or other specified officers; reclassification of offenses; minimum sentences.
Florida Statute 784.08 – Assault or battery on persons 65 years of age or older; reclassification of offenses; minimum sentence.
Florida Statute 784.081 – Assault or battery on specified officials or employees; reclassification of offenses.

Assault Crimes – Orlando Criminal Attorney Services:

Speak with a Orlando criminal attorney and review our website for more information on Florida criminal offenses: