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Assault

In Florida, an assault charge is a criminal offense that involves the intentional threat of violence against another person. Under Florida law, assault is defined in Florida Statutes § 784.011 as an intentional, unlawful threat, either by word or act, to do violence to another person, coupled with an apparent ability to do so, and creating a well-founded fear in the other person that such violence is imminent.

Types of Assault Charges:

1. Simple Assault (Misdemeanor Assault):
 

Definition: An intentional threat by word or act that creates a fear of imminent violence in another person.


Penalties: This is generally classified as a second-degree misdemeanor in Florida. If convicted, the penalties may include up to 60 days in jail, six months of probation, and a fine of up to $500.

2. Aggravated Assault:


Definition: Assault with a deadly weapon without intent to kill, or with the intent to commit a felony.


Penalties: Aggravated assault is a third-degree felony in Florida. Penalties can include up to 5 years in prison, 5 years of probation, and a fine of up to $5,000.

Defenses to Assault Charges:


Several defenses can be used in assault cases, such as self-defense, defense of others, lack of intent, or the absence of a credible threat.

The seriousness of the charge can depend on various factors, including whether a weapon was involved, the severity of the threat, and the circumstances surrounding the incident.

If you are charged with a Jacksonville Assault offense in Duval County contact our office.  Consultations are always free and always confidential.  

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