Confused about charges you may be facing? One commonly misunderstood charge Florida residents face is assault vs aggravated assault. In this brief guide, we explore the differences…
What is Assault In Florida?
Under Florida Statute §§784.011 assault is legally defined as “an intentional, unlawful threat by word or act to do violence” made by a person with the ability to carry out such a threat, towards another individual. Under Florida law, this threat of violence must elicit a reasonable fear that the threat of violence is a real possibility for the target and that they are in imminent danger of harm.
In Florida, assault is considered to be a second-degree misdemeanor, and carries penalties including a fine of up to 60-days in jail, up to six months probation, and fines upwards of $500.
What is Aggravated Assault In Florida?
Under Florida Statute §§ 784.021, aggravated assault carries the same definition as that of assault, but with one key difference. That difference being that the act of assault is done so with a deadly weapon (with or without the intent to kill or to commit a felonious act).
This charge is considered a third-degree felony, with penalties up to a maximum sentence of up to 5 years in prison and up to a $5000 fine.
The state of Florida defines a weapon as a “dirk, knife, metallic knuckles, slingshot, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm or a common pocket knife, plastic knife, or blunt-bladed table knife.”
