Many individuals do not always understand the repercussions that threatening words can have, even if they are only said in the heat of the moment. An assault offense can simply result from an argument where an individual threatens to cause harm to another individual. In Florida, assault and aggravated assault offenses are generally considered violent crimes, which can result in severe repercussions if they lead to a conviction.
Jacksonville Assault Lawyer
Contact Roelke Law today at (904) 354-0333 for a free consultation regarding your alleged assault offense in Jacksonville, Jacksonville Beach, Neptune Beach, Baldwin, Hastings, Atlantic Beach, Saint Augustine Beach, Orange Park, Green Cove Springs, Keystone Heights and Fernandina Beach. Criminal defense attorney Bill Roelke will diligently make every effort to achieve the best possible outcome in your unique situation regarding your assault charge in Florida.
Definition of Assault in Florida
An assault offense can occur when an individual intentionally threatens by words or actions to violently harm another person, according to Fla. Stat. § 784.011.
Under this law, the alleged offender is required to appear to have the ability to carry out any threat made, and the alleged victim must justifiably be afraid of being assaulted.
In Florida, an assault offense does not have to include actual physical touching of another person.
Florida’s Increased Assault Offense Classification
An individual who knowingly assaults an individual of a certain profession or age group can receive increased assault charges. This means if an individual was initially charged with a misdemeanor of the second degree assault offense, their charges will be increased to a misdemeanor of the first degree, under Fla. Stat. §§ 784.07, 784.08 and 784.081 – .083. These individuals can include, but are not limited to:
- Persons 65 or older,
- Elected officials,
- Law enforcement officers,
- Firefighters,
- Public transit employees,
- Parole officers,
- Paramedics,
- Probation officers,
- School officials,
- Sports officials, and
- Code inspectors.
Jacksonville Assault Penalties
A conviction for an assault offense can result in a misdemeanor of the second degree, which is punishable by up to 60 days in jail and/or a fine up to $500 under Fla. Stat. §§ 775.082 – .083.
A conviction for a misdemeanor of the first degree assault is generally punishable by up to one year in jail and/or a fine up to $1,000 under Fla. Stat. §§ 775.082 – .083.
First time first degree and second degree misdemeanor offenders are also often eligible for placement on probation or community supervision.
Aggravated Assault in Jacksonville
An assault offense is considered aggravated assault when a deadly weapon is used during the commission of the offense, or if the assault is committed with the intent to commit a felony.
An aggravated battery offense can result in a felony of the third degree, which is punishable by up to five years in prison and/or a fine up to $5,000.
Assault Committed by an Incarcerated Person in Florida
In accordance with Fla. Stat. § 784.082, if an incarcerated individual commits an assault offense upon a visitor or other detainee of the facility they are detained in, they can charged as follows:
An aggravated assault offense can result in a felony of the second degree, which is punishable by up to 15 years in prison and/or up to $10,000 in fines.
An assault offense can result in a misdemeanor of the first degree, which is punishable by up to one year in jail and/or a fine up to $1,000 or probation.
Roelke Law, P.A. | Duval County Aggravated Assault Defense Attorney
Contact Roelke Law today to discuss the facts your alleged assault offense. Bill Roelke is a knowledgeable violent crimes lawyer in Jacksonville who will make every effort to help you avoid the harshest penalties and fines to your alleged offense. Contact Roelke Law today at (904) 354-0333 or send an online message for a free consultation regarding your assault offense charges in Nassau County, Clay County and St. John’s County.
