If you or someone you know has been accused of aggravated assault, the experience can be overwhelming. It’s essential to seek out an experienced Aggravated Assault Defense Lawyer in Clearwater as soon as possible.
When facing this felony charge, an experienced attorney can help you understand the charge and possible punishments, negotiate with the prosecutors for a less severe offense, represent you in court, and protect your rights. Your defense lawyer will also be able to explain the options available to you depending on your specific situation and offer advice throughout the legal proceedings.
A knowledgeable criminal defense lawyer is crucial because they can make all the difference in your outcome. Fortunately, Smith & Eulo has a qualified team of aggravated assault defense lawyers with years of experience handling criminal cases throughout Florida.
What is Aggravated Assault?
Under section 784.021, aggravated assault refers to an assault with an intent to commit a felony. There’s no intention to kill, but a deadly weapon is used during the offense. More commonly, it’s known as assault with a deadly weapon or assault while committing a felony, which is already considered a third-degree felony.
Aggravated assault is a step higher than simple assault, the most basic form of assault. Here, assault refers to the intentional and unlawful action or by word to do violence against another person. In addition, the defender can commit the act because the victim probably fears the violence is imminent.
Whoever commits an assault is charged with a second-degree felony. However, the defendant must have criminal intent when the assault is committed. The threat must be unlawful and intentional to be considered an assault.
Penalties for Simple & Aggravated Assault
In layperson’s terms, assault is an intentional act or threat which is dangerous and can cause harm to another. The other person is reasonably fearful of the act of violence that’s about to occur in the future. Since there are two types of assault, they have different penalties and fines.
Below are the penalties and fines for simple and aggravated assault:
Simple assault penalties and fines
- 60 days in jail
- Six-month probation
- Up to a $500 fine for the defender’s actions
Aggravated assault penalties and fines
- Five-year imprisonment
- Five-year probation
- Up to a $5,000 fine for the defender’s actions
Remember that with most felonies, harsher penalties and fines might be applied depending on various factors. These factors may increase your charges. Finding a reliable and trustworthy Aggravated Assault Lawyer Defense in Clearwater is essential to understanding where you currently stand.
The Two Types of Aggravated Assault Situations
There are two prevalent types of aggravated assault; assault with a deadly weapon and assault while committing a felony. Assault with a deadly weapon is defined as an assault in which the defendant intended to use or use a deadly weapon. For instance, the defender was brandishing a knife or another weapon while committing an assault.
Then, the imminent threat of harm is more severe, which leads to an aggravated assault charge. However, not all times that you’re carrying a weapon lead to an aggravated assault. If your weapon is concealed or unknown to the victim, it’s a standard assault.
Assault while committing a felony refers to when the defendant commits assault while also committing a felony. For instance, you’re trying to rob someone, and there’s an intentional and unlawful threat to the victim. Then, it automatically qualifies as aggravated assault.
The Difference Between Aggravated Assault vs. Aggravated Battery
It’s worth noting that battery and assault are often confused as the same crime. However, these are different but can still be committed concurrently. The primary difference is that aggravated assault is the intent to cause immediate harm. On the other hand, the battery is when intentional and unwanted contact has been made.
The battery is understood as the completion of assault but is considered a first-degree misdemeanor. It can lead to aggravated battery, a second-degree felony, if severe injuries cause permanent disfigurement or disability to the victim. Keep in mind that aggravated battery is a much more serious crime than assault.
Penalties and fines for battery and aggravated assault:
- 1-year jail
- 12-month probation
- $1,000 fine
- 15 years in prison
- 15-year probation
- $15,000 fine
Importance of Hiring an Aggravated Assault Defense Attorney in Clearwater
If you or a loved one is charged with aggravated assault, finding a lawyer to help you with the process is essential. They will represent you in court, and they can help minimize any potential damages or fines. Moreover, they can also help you plead your case and lessen your sentence.
Gathering all critical evidence from the crime scene, interviewing potential witnesses, and other legal matters can take time. It would help if you found a lawyer with a network to gather all everything above to support your defense. It will make handling your case more accessible, knowing they have the resources to back you up.
Being charged with aggravated assault can hurt your future, affecting your ability to find work, get a loan, apply for a mortgage, or enroll in higher education. You should find a reputable attorney who will be by your side every step. Legal counsel is imperative, especially in severe crimes like aggravated assault.
Protecting your rights should be your priority, and with the help of a skilled lawyer, you can ensure that your rights are protected. They will explain your rights throughout the criminal process while making a difference in your case.
Hire a Reliable Lawyer to Defend You in Court
An aggravated assault isn’t a simple offense. It can affect many aspects of your life negatively. Fortunately, Smith & Eulo can help you find the best Clearwater Aggravated Assault Defense Lawyer to handle your case and ensure you receive fair charges.
If you have any questions or concerns, don’t hesitate to contact us today. With our help, we can study your case, form a strong defense, and fight for your rights in court.
If you or your loved one find themselves in a situation where you are being accused of Aggravated Assault, call us right away at 727 250-0857 to speak with a qualified legal professional or fill out the contact form on this page. We’re available 24/7, we offer free initial consultation and payment plans. In addition to our Clearwater office, we have offices in the following cities across the state of Florida:
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