What Are the Penalties for Assault Charges?
Simple Assault Charges
In Florida, simple assault is usually classified as a second-degree misdemeanor. Legally speaking, simple assault is when someone intentionally inflicts a minor injury or threatens to harm another person. If there was no intent of harm, such as if you bumped into someone by accident, or if the other party consented, such as if you were all roughhousing for fun, that would not be considered assault.
However, pushing someone, slapping them, or even threatening to hurt them could result in a charge of simple assault. If you are convicted, penalties could include up to 60 days in jail or probation, a fine of up to $500, or a certain number of hours of community service. The precise penalty will depend on the facts of your case, and will be decided by the court. If, however, the victim of the assault was a protected individual, such as a law enforcement officer or a teacher, the penalties will be more severe, and the charge may be upgraded to a felony.
Aggravated Assault Charges
A charge of aggravated assault is brought when more serious injuries have been inflicted, when a weapon has been used during the assault, or when there has been a threat of serious bodily harm. In Florida, aggravated assault is generally considered a third-degree felony. There could be fines of up to $5,000, and you could face up to five years in prison, although probation may be an option in some cases.
If a firearm was discharged during the assault, Florida law states that the person who discharged the firearm while committing a felony must serve at least 10 years in prison. If the shooting resulted in a serious injury or a death, the sentence will be much longer. A conviction for aggravated assault with a weapon will result in a permanent criminal record. This is a penalty which will affect you for the rest of your life. It can affect employment, gun rights, housing, and other aspects of life.
Getting Help from an Assault Lawyer in West Palm Beach, FL
If you’re facing assault charges, find a lawyer to help you right away. Look for someone who is experienced in defending against assault charges. You will need someone who can determine whether the charges against you are warranted, or even valid.
Your lawyer will be able to look at the evidence against you, to see if there are any inconsistencies or it was not entered into evidence properly. They can work on ways to reduce the penalties, and help you find out if a plea bargain is possible, or alternative sentencing options like probation or community service.
Have you had assault charges brought against you? Get in touch with the Skier Law Firm in West Palm Beach, FL