Florida Aggravated Assault Defense Lawyers

Because aggravated battery is a second-degree felony in Florida, the potential penalties are severe:

• Up to 15 years in state prison and/or probation
• Up to $10,000 in fines

If you are convicted, you will lose your ability to own a firearm. Additionally, you will lose your voting rights until you complete all phases of your sentence. You will have a permanent criminal record, which can hurt your chances of finding employment, joining the military, or enrolling in college.

What Is Aggravated Assault in Florida?

Simple assault is a threat that puts someone in fear of imminent violence. It becomes aggravated assault when the threat is made with a deadly weapon, without intent to kill, or with intent to commit a felony (Fla. Stat. § 784.021). No touching is required. Pointing a firearm, brandishing a knife, or swerving a car at someone can all be charged as aggravated assault.
Aggravated assault is a third-degree felony carrying up to 5 years in prison, 5 years of probation, and a $5,000 fine. Before 2016 it carried 10-20-Life mandatory minimums when a firearm was involved. The Legislature removed aggravated assault from that statute and restored judicial discretion, but a firearm still raises the sentencing scoresheet and hardens the State’s posture.
Aggravated assault is often charged alongside, or mistaken for, aggravated battery, which involves actual contact causing great harm or contact with a deadly weapon and is a second-degree felony carrying up to 15 years. Which charge the State files, and whether it can be negotiated down to a misdemeanor assault or battery, often matters more than anything else in the case.

Defenses to Aggravated Assault Charges

Criminal defendants are considered innocent until proven guilty. That means that your defense lawyer doesn’t have to prove that you are innocent, but rather, only needs to cast reasonable doubt on the prosecutorial evidence. Here are some defenses that have proven effective against charges of aggravated battery in Florida.

Mistaken Identity

This defense works best in situations where the identity of the accused was unknown to the defendant at the time of the alleged attack.

Self-Defense

In the state of Florida, individuals have the right to defend themselves against violent attacks. The police sometimes find it difficult to determine who the principal attacker was. Statements from independent witnesses or video footage can often compel the court to recategorize the defendant as the victim.

Unlawfully-Obtained Confession

The suspects of crimes have the right to remain silent. If they are arrested or detained, they have the right to speak to an attorney before answering questions. If the police violate your Miranda rights while obtaining a statement, it will be inadmissible. This could lead to a dismissal of the entire case.

Using a deadly weapon is only one of the ways you can be charged with aggravated battery. Oftentimes, the state attorney will look at the severity of the alleged victim’s injuries and other factors and determine whether to charge simple battery, aggravated battery, or even attempted murder. If the alleged victim was pregnant at the time of the attack, you can be charged with aggravated battery for even minor contact.

This may very well be a viable defense to your charges. Factors that the court will have to consider can include your use of a weapon, the access your accusor had to weapons, whether you escalated the encounter, the severity of your accusor’s injuries, and whether there was continued violence past the point where it was necessary to defend yourself.

If there are no other charges, the maximum penalty is 15 years in a Florida state prison and $10,000 in fines. A skilled criminal defense lawyer can often get these charges reduced, even if the evidence against you is overwhelming.