The Law in Plain English – Boca Raton ➔ Boynton ➔ West Palm Beach ➔ Jupiter’s Top Criminal Lawyer Joshua LeRoy, ESQ. on:Misdemeanor Assault
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An Assault charge is an action or verbal threat meant to make someone fearful of violence. Simply verbally threatening to immediately harm someone is an assault. You don’t have to lay a finger on them! Its true sticks and stones may break their bones, and your words won’t hurt them, but they can certainly hurt you.
A simple assault, meaning an assault not involving a deadly weapon or gun, is a second degree misdemeanor. (click here for detailed info on simple assault) Aggravated assault takes that one step further, and involves using a deadly weapon to threaten someone or make them afraid – i.e. holding a knife out at someone to make them afraid.
In an aggravated assault, the defendant’s intent to commit a felony is what it boils down to. It must be proven by the circumstances involved, or verbal statements made by the defendant, that that was the case. The consequences for aggravated assault are a maximum of 5 years imprisonment, or probation, and a maximum of $5k fine. If a firearm is fired, there is a mandatory maximum 20 year sentence. If the firearm is not discharged, but still present, there is a mandatory 3 year jail sentence.
A possible defense in a charge of aggravated assault is self-defense, or defense of another person. It is difficult to prove the mindset of either the defendant or alleged victims during the incident (i.e. whether or not the victims had a reason to feel afraid, or whether the defendant had intentionally committed the felony).
In the heat of a disagreement we all may say things that we do not mean. Anger or emotions can sometimes take over. In stressful situations ‘losing your cool’ is a natural human reaction – and we are all human. It is a mistake we make.. Just don’t aggravate that mistake with aggravated assault on your record! Any assault is considered a crime of violence, you do not want a conviction for it.
There are many defenses to an aggravated assault case, and if you have been charged, it is important you say nothing until you have consulted with a good criminal lawyer. There are harsh consequences for a conviction if the proper steps are not taken to ensure you present the best possible defense.
What’s the statute of constraints to record a claim for aggravated assault in Florida?
What’s “permanent disability” and “great bodily harm”?
Bodily harm is any damage more serious than minor or slight damage, for example, small wounds, and could incorporate injuries that have bled seriously and need suturing, injured bones, and wounds needing surgery.
What’s a Deadly Weapon?
An item that is innately destructive or hazardous, for example, a gun, blade, or unsafe toxic substance, is a deadly weapon. An article that is not characteristically dangerous but rather that a guilty party uses or deliberates to use in a way liable to bring about death or great bodily harm likewise is viewed as a dangerous weapon. If a boot is big and steel-toed, for instance, and the individual wearing the boots kicks or intends to kick somebody in outrage, the activity could be charged as a battery or an attack with a dangerous weapon in light of the fact that the wrongdoer utilized the boots as a part of a way that could bring about genuine damage or even murder the victim.
If you, or someone you know, have been charged with Aggravated Assault in Palm Beach County (from Boca Raton, Boynton Beach, Delray Beach, Lake Worth, West Palm Beach and up to Jupiter), or any of the surrounding areas use the form below to drop me a note. Let me know a bit about yourself, what’s happened, and a good time to contact you.
-Joshua LeRoy, Esq.
Criminal Defense Attorney Joshua LeRoy, Esq. is dedicated to providing his clients with personalized, honest, and aggressive representation in any and all areas of criminal law in West Palm Beach, Boca Raton, Boynton Beach, Lake Worth, Delray Beach, Jupiter & the surrounding areas of Palm Beach County in the State of Florida.
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