Assault and battery are actually separate crimes in Florida that include a wide range of charges. The consequences can be very serious and it’s important to protect your rights by talking to an experienced assault and battery defense attorney. The Orlando Criminal Defense Attorneys at Rivas Law have successfully defended many cases of Assault as well as Assault with Deadly Weapon. If you are facing assault charges in Florida, Call 407-644-2466 to speak with a skilled and aggressive Orlando Assault and Battery Defense Attorney at Rivas Law.
Simple Assault You don’t have to actually hit someone to be charged with assault. Just being aggressive and “invading someone’s space” might count. Simple assault is an intentional threat to another person “coupled with the apparent ability to carry out the threat, which creates a genuine and reasonable fear that violence or harm is imminent.” Under Florida Statute 784.011 Assault is a second-degree misdemeanor, punishable by a jail term of up to 60 days and a fine of up to $500.
Aggravated Assault (Assault with a Deadly Weapon or ADW)
An assault charge gets upgraded to Aggravated Assault if you had a weapon or were committing a felony during the incident. And it doesn’t have to be a gun or a knife. Almost anything can be considered a weapon if you can use it to hurt someone. Under Florida Statute 784.021 Aggravated Assault or Assault with a Deadly Weapon is a third-degree felony and punishable by up to five years in prison, five years of probation, and a $5,000 fine.