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ASSAULT OR AGGRAVATED ASSAULT IN TAMPA, FLORIDA

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AGGRAVATED ASSAULT IN TAMPA, FLORIDA

ASSAULT OR AGGRAVATED ASSAULT IN TAMPA, FLORIDA
– by your Tampa Criminal Defense Attorney

Have you been arrested in Tampa, Florida for assault or aggravated assault?  You need to Get Lawyered Up Now.

Arrested for Assault or Battery in Tampa, Florida? Photo of a cat holding a knife to a dog's throatAn assault in Florida is when you threaten (either by word or by act) to do violence to someone.  At the time of the threat, you must have the ability to carry out the threat.  Additionally, your threat must create a well-founded fear that violence is about to take place.

Often times, the only evidence against you in these types of cases is the word (or testimony) of the other person (or victim).  In other words, someone calls 911 and says you assaulted them.  In a case like that, the strength of the evidence will depend on the credibility of the witness.  If there are multiple witnesses saying the same thing or video of the assault, the evidence is obviously much stronger.  Witnesses and video can work just as much for you as it can against you.

AGGRAVATED ASSAULT

Assault / Aggravated assault is just like a simple assault but the State must additionally prove that you committed the assault with a deadly weapon OR with the intent to commit a crime.

Like in simple assault, the only evidence against you in these types of cases is usually the word (or testimony) of the other person (or victim).  Except here, the stakes are much higher because a weapon is involved especially if a weapon is found.

SANCTIONS FOR AN ASSAULT

Crime Level: 2nd degree misdemeanor

Most likely outcome*: County probation, anger management class, no contact with victim, fine, court costs and costs of prosecution.

Maximum Penalties: 60 days in jail or 6 months of probation; $500 fine.

Possible Diversion: Yes, with victim approval.

Defenses: Consent, Self-Defense, Threat Not Real, False Accusation

Related Offenses: Aggravated Assault, Aggravated Assault with a Firearm

SANCTIONS FOR AGGRAVATED ASSAULT

Crime Level: 3rd degree felony

Most likely outcome*: Felony probation, anger management class, community service, no contact with victim, fine, court costs and costs of prosecution.

Maximum Penalties: 5 years prison or probation; $5,000 fine.

Possible Diversion: Yes, with victim approval.

Defenses: Consent, Self-Defense, Threat Not Real, False Accusation

Related Offenses: Assault, Aggravated Assault with a Firearm

If you have been arrested in Tampa, Florida, and need a Tampa Criminal Defense Attorney, call Daniel Fernandez and Martin Hernandez of Fernandez and Hernandez, LLC, at 813-229-5353 or read more at: CriminalDefenseLawyerTampa.com

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Daniel J. Fernandez

Daniel J. Fernandez

Daniel J. Fernandez defends individuals charged with a misdemeanor and felony criminal offenses throughout the Tampa Bay area and the State of Florida. With more than 30 years of experience as a criminal defense attorney and hundreds of jury trials, Daniel earned tremendous accolades from judges, other lawyers, defendants, and even jurors. Daniel started his legal career as a state prosecutor and became the chief of the Narcotics division before opening his own law practice in 1985.

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Contact Info

Address:
3002 W Kennedy Blvd. Tampa, Florida 33609

Business hours:
7 Days a Week / 24 Hours a Day

Phone number:
(813) 229-5353

© Fernandez & Hernandez LLC – 2019. All rights reserved. The material provided in this web site is intended to be used as general information and not as legal advice. You should schedule an appointment with an attorney for professional advice regarding your particular case. You should avoid sending any sensitive, confidential or damaging information via e-mail since mail on the Internet is not secure. We strongly recommend that you contact either Martin J. Hernandez or Daniel J. Fernandez as soon as possible if you are seeking legal representation. Our early intervention is crucial. We have emergency assistance available 7 days a week, every day of the year.