As a Tampa assault defense lawyers, we at Pallegar Law, P.A. routinely represent individuals charged with the crime of assault and aggravated assault.
Simple assault requires an intent and threat to do violence to another with the ability to carry out the threat and an act that causes the victim to be in fear. Assault is considered a second-degree misdemeanor in Florida. The maximum punishment for simple assault is sixty days in the county jail and the maximum fine is $500.00. Unless the facts are extremely egregious you probably will not serve jail time if you are charged with assault as a first time offender. In fact, if you are charged with assault and you have not previously been charged or convicted of any crime you may qualify for a diversion program. Although you may qualify under Florida law, typically entrance into the diversion program on an assault or battery charge is at the discretion of the prosecutor and would require the victim's approval.
Furthermore, you could be charged with felony aggravated assault you commit assault using a deadly weapon even if he or she does not have the intent to kill. A vehicle for example is considered a deadly weapon. Aggravated assault on a law enforcement officer with a deadly weapon carries with it a three-year minimum mandatory prison sentence. Contact an experienced Tampa assault defense attorney today to discuss your case.
You could also be charged with a second or third degree felony if you commit aggravated assault towards a person over the age of sixty-five years old, someone elected to represent your community, against a school employee or various other government agencies. A second-degree felony is punishable up to a maximum of 15 years in prison. Meanwhile a third degree felony carries with a maximum of 5 years in prison. A diversion program leading to the dismissal of all charges maybe available if you are a first time offender on a third degree felony. Contact Pallegar Law, P.A. today by to discuss your options by calling 813-444-3912 or 941-893-5816.
As Tampa assault defense lawyers we consider aggravated assault to be a very serous crime. Most judges and prosecutors consider it a serious felony too and depending on the charge, your prior record, and the victims' position may carry a long prison sentence. If you are charged with aggravated assault of a person sixty-five years of age or older you face serious penalties. You may also be required to serve up to 500 hours of community service, make restitution to the victim for his or her injuries, and serve some prison time. The fine could also be up to $10,000.
If you are charged with assault or battery or any other crime it is important you contact an experienced Tampa or Sarasota assault defense attorney today to protect your rights and launch a successful defense of your case. If you are in Tampa call Pallegar Law, P.A. today for a free consultation at 813-444-3912. If you reside in Sarasota County, Manatee County, or Venice call us at 941-893-5816. We are available on evenings and weekends.