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.
An 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 of Fernandez , LLC, at 813-229-5353 or read more at: CriminalDefenseLawyerTampa.com
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