| Florida Assault & Aggravated Assault Crimes |
WILSON
LAW FIRM, P.L.
Attorney at Law
LAW FIRM, P.L.
Attorney at Law
W
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Call the Wilson Law Firm Today at: (407) 648-5255
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| Wilson Law Firm, P.L. 232 Hillcrest Street, Orlando, FL 32801 Tel: (407) 648-5255 |
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Orange County Criminal Defense Lawyer & Orlando DUI Attorney
| Call Today: (407) 648-5255 |
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| Call Today: (407) 648-5255 |
Orlando Florida Criminal Lawyer & Orange County DUI Attorney -
Orlando Criminal Lawyer - Assault & Aggravated Assault:
Assault crimes are considered crimes of violence and can have significant
penalties, including minimum mandatory penalties in some cases. In these
cases it is not uncommon for the parties involved to know or have past
dealings with one another. It is also common for the parties involved to have
conflicting stories about what occurred. If you have been arrested for assault,
you should speak with an experienced criminal defense attorney at your
earliest opportunity to learn about your rights and the defenses that may be
available to you.
In many criminal cases, a properly prepared defense will result in either
reduced penalties, reduced charges, or a dismissal of the charges. Even
in criminal cases where the evidence of guilt is overwhelming, a properly
prepared defense and presentation of mitigating circumstances can result
in significant decreases in penalties you receive.
If you or a loved one has been arrested, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an
experienced Orange County, Florida criminal lawyer about your situation or to schedule a Free Initial Consultation
The following section of this page provides some basic information regarding assault offenses:
Assault - An Assault is an intentional, unlawful threat by word or act to do violence to the person of another, coupled
with an apparent ability to do so and an act which creates a well-founded fear in such other person that such violence
is imminent.
1) An assault is usually a 2nd Degree Misdemeanor punishable by up to 60 days in the county jail.
2) An aggravated assault is usually an assault with a deadly weapon without the intent to kill; or with an intent to
commit a felony. An aggravated assault is a 3rd Degree felony punishable by up to 5 years in State prison.
Note: In some cases, the level and penalties for the offense may increase dependent on the circumstances, the
victims profession or the victims age. Also in some cases minimum mandatory sentences will apply if convicted of
the offense.
The following Florida Statures provide some more information about assault crimes.
Florida Statute 784.011 - Assault.
(1) An “assault” is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with
an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such
violence is imminent.
(2) Whoever commits an assault shall be guilty of a misdemeanor of the second degree, punishable as provided in
s. 775.082 or s. 775.083.
Florida Statute 784.021 - Aggravated assault.
(1) An “aggravated assault” is an assault:
(a) With a deadly weapon without intent to kill; or
(b) With an intent to commit a felony.
(2) Whoever commits an aggravated assault shall be guilty of a felony of the third degree, punishable as provided in
s. 775.082, s. 775.083, or s. 775.084.
Florida Statute 784.08 - Assault or battery on persons 65 years of age or older; reclassification of offenses;
minimum sentence.
(1) A person who is convicted of an aggravated assault or aggravated battery upon a person 65 years of age or
older shall be sentenced to a minimum term of imprisonment of 3 years and fined not more than $10,000 and shall
also be ordered by the sentencing judge to make restitution to the victim of such offense and to perform up to 500
hours of community service work. Restitution and community service work shall be in addition to any fine or sentence
which may be imposed and shall not be in lieu thereof.
(2) Whenever a person is charged with committing an assault or aggravated assault or a battery or aggravated
battery upon a person 65 years of age or older, regardless of whether he or she knows or has reason to know the
age of the victim, the offense for which the person is charged shall be reclassified as follows:
(a) In the case of aggravated battery, from a felony of the second degree to a felony of the first degree.
(b) In the case of aggravated assault, from a felony of the third degree to a felony of the second degree.
(c) In the case of battery, from a misdemeanor of the first degree to a felony of the third degree.
(d) In the case of assault, from a misdemeanor of the second degree to a misdemeanor of the first degree.
(3) Notwithstanding the provisions of s. 948.01, adjudication of guilt or imposition of sentence shall not be
suspended, deferred, or withheld.
Florida Statute 784.081 - Assault or battery on specified officials or employees; reclassification of offenses.
(1) For purposes of this section, the term “sports official” means any person who serves as a referee, an umpire, or
a linesman, and any person who serves in a similar capacity as a sports official who may be known by another title,
which sports official is duly registered by or is a member of a local, state, regional, or national organization that is
engaged in part in providing education and training to sports officials.
(2) Whenever a person is charged with committing an assault or aggravated assault or a battery or aggravated
battery upon any elected official or employee of: a school district; a private school; the Florida School for the Deaf and
the Blind; a university lab school; a state university or any other entity of the state system of public education, as
defined in s. 1000.04; a sports official; an employee or protective investigator of the Department of Children and
Family Services; an employee of a lead community-based provider and its direct service contract providers; or an
employee of the Department of Health or its direct service contract providers, when the person committing the
offense knows or has reason to know the identity or position or employment of the victim, the offense for which the
person is charged shall be reclassified as follows:
(a) In the case of aggravated battery, from a felony of the second degree to a felony of the first degree.
(b) In the case of aggravated assault, from a felony of the third degree to a felony of the second degree.
(c) In the case of battery, from a misdemeanor of the first degree to a felony of the third degree.
(d) In the case of assault, from a misdemeanor of the second degree to a misdemeanor of the first degree.
(3) An assault, aggravated assault, battery, or aggravated battery upon a sports official shall be reclassified
pursuant to subsection (2) only if such offense is committed upon the sports official when he or she is actively
participating as a sports official in an athletic contest or immediately following such athletic contest.
_________________________________________________
You may also want to review the following page involving assaults on individuals in certain professions:
Florida Statute 784.07 - Assault or battery of law enforcement officers, firefighters, emergency medical care
providers, public transit employees or agents, or other specified officers; reclassification of offenses; minimum
sentences.
For more information, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an experienced Orlando
criminal defense attorney about your situation or to schedule a Free Initial Consultation. The Wilson Law Firm
represents individuals in criminal defense and DUI cases in the Central Florida area, including the cities of
Altamonte Springs, Apopka, Casselberry, Clermont, Kissimmee, Lake Mary, Longwood, Maitland, Mount Dora,
Ocoee, Orlando, Oviedo, Saint Cloud, Sanford, Windermere, Winter Garden, Winter Park and Winter Springs, as well
as Lake County, Orange County, Osceola County, and Seminole County, Florida.
Assault crimes are considered crimes of violence and can have significant
penalties, including minimum mandatory penalties in some cases. In these
cases it is not uncommon for the parties involved to know or have past
dealings with one another. It is also common for the parties involved to have
conflicting stories about what occurred. If you have been arrested for assault,
you should speak with an experienced criminal defense attorney at your
earliest opportunity to learn about your rights and the defenses that may be
available to you.
In many criminal cases, a properly prepared defense will result in either
reduced penalties, reduced charges, or a dismissal of the charges. Even
in criminal cases where the evidence of guilt is overwhelming, a properly
prepared defense and presentation of mitigating circumstances can result
in significant decreases in penalties you receive.
If you or a loved one has been arrested, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an
experienced Orange County, Florida criminal lawyer about your situation or to schedule a Free Initial Consultation
The following section of this page provides some basic information regarding assault offenses:
Assault - An Assault is an intentional, unlawful threat by word or act to do violence to the person of another, coupled
with an apparent ability to do so and an act which creates a well-founded fear in such other person that such violence
is imminent.
1) An assault is usually a 2nd Degree Misdemeanor punishable by up to 60 days in the county jail.
2) An aggravated assault is usually an assault with a deadly weapon without the intent to kill; or with an intent to
commit a felony. An aggravated assault is a 3rd Degree felony punishable by up to 5 years in State prison.
Note: In some cases, the level and penalties for the offense may increase dependent on the circumstances, the
victims profession or the victims age. Also in some cases minimum mandatory sentences will apply if convicted of
the offense.
The following Florida Statures provide some more information about assault crimes.
Florida Statute 784.011 - Assault.
(1) An “assault” is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with
an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such
violence is imminent.
(2) Whoever commits an assault shall be guilty of a misdemeanor of the second degree, punishable as provided in
s. 775.082 or s. 775.083.
Florida Statute 784.021 - Aggravated assault.
(1) An “aggravated assault” is an assault:
(a) With a deadly weapon without intent to kill; or
(b) With an intent to commit a felony.
(2) Whoever commits an aggravated assault shall be guilty of a felony of the third degree, punishable as provided in
s. 775.082, s. 775.083, or s. 775.084.
Florida Statute 784.08 - Assault or battery on persons 65 years of age or older; reclassification of offenses;
minimum sentence.
(1) A person who is convicted of an aggravated assault or aggravated battery upon a person 65 years of age or
older shall be sentenced to a minimum term of imprisonment of 3 years and fined not more than $10,000 and shall
also be ordered by the sentencing judge to make restitution to the victim of such offense and to perform up to 500
hours of community service work. Restitution and community service work shall be in addition to any fine or sentence
which may be imposed and shall not be in lieu thereof.
(2) Whenever a person is charged with committing an assault or aggravated assault or a battery or aggravated
battery upon a person 65 years of age or older, regardless of whether he or she knows or has reason to know the
age of the victim, the offense for which the person is charged shall be reclassified as follows:
(a) In the case of aggravated battery, from a felony of the second degree to a felony of the first degree.
(b) In the case of aggravated assault, from a felony of the third degree to a felony of the second degree.
(c) In the case of battery, from a misdemeanor of the first degree to a felony of the third degree.
(d) In the case of assault, from a misdemeanor of the second degree to a misdemeanor of the first degree.
(3) Notwithstanding the provisions of s. 948.01, adjudication of guilt or imposition of sentence shall not be
suspended, deferred, or withheld.
Florida Statute 784.081 - Assault or battery on specified officials or employees; reclassification of offenses.
(1) For purposes of this section, the term “sports official” means any person who serves as a referee, an umpire, or
a linesman, and any person who serves in a similar capacity as a sports official who may be known by another title,
which sports official is duly registered by or is a member of a local, state, regional, or national organization that is
engaged in part in providing education and training to sports officials.
(2) Whenever a person is charged with committing an assault or aggravated assault or a battery or aggravated
battery upon any elected official or employee of: a school district; a private school; the Florida School for the Deaf and
the Blind; a university lab school; a state university or any other entity of the state system of public education, as
defined in s. 1000.04; a sports official; an employee or protective investigator of the Department of Children and
Family Services; an employee of a lead community-based provider and its direct service contract providers; or an
employee of the Department of Health or its direct service contract providers, when the person committing the
offense knows or has reason to know the identity or position or employment of the victim, the offense for which the
person is charged shall be reclassified as follows:
(a) In the case of aggravated battery, from a felony of the second degree to a felony of the first degree.
(b) In the case of aggravated assault, from a felony of the third degree to a felony of the second degree.
(c) In the case of battery, from a misdemeanor of the first degree to a felony of the third degree.
(d) In the case of assault, from a misdemeanor of the second degree to a misdemeanor of the first degree.
(3) An assault, aggravated assault, battery, or aggravated battery upon a sports official shall be reclassified
pursuant to subsection (2) only if such offense is committed upon the sports official when he or she is actively
participating as a sports official in an athletic contest or immediately following such athletic contest.
_________________________________________________
You may also want to review the following page involving assaults on individuals in certain professions:
Florida Statute 784.07 - Assault or battery of law enforcement officers, firefighters, emergency medical care
providers, public transit employees or agents, or other specified officers; reclassification of offenses; minimum
sentences.
For more information, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an experienced Orlando
criminal defense attorney about your situation or to schedule a Free Initial Consultation. The Wilson Law Firm
represents individuals in criminal defense and DUI cases in the Central Florida area, including the cities of
Altamonte Springs, Apopka, Casselberry, Clermont, Kissimmee, Lake Mary, Longwood, Maitland, Mount Dora,
Ocoee, Orlando, Oviedo, Saint Cloud, Sanford, Windermere, Winter Garden, Winter Park and Winter Springs, as well
as Lake County, Orange County, Osceola County, and Seminole County, Florida.
Orange County Criminal Defense Attorney & Orlando Florida DUI Lawyer - The hiring of an attorney is an important decision which should not be based solely on
advertisements. The information presented at this site is not legal advice, and does not create an attorney-client relationship. This site is designed to provide only
general information. The facts of your case are unique, and you should consult an attorney for advice regarding your individual situation. Contact the Wilson Law
Firm to speak with an Orlando DUI lawyer and Orange County Florida Criminal Defense attorney today. The Wilson Law Firm, P.L. © 2010
advertisements. The information presented at this site is not legal advice, and does not create an attorney-client relationship. This site is designed to provide only
general information. The facts of your case are unique, and you should consult an attorney for advice regarding your individual situation. Contact the Wilson Law
Firm to speak with an Orlando DUI lawyer and Orange County Florida Criminal Defense attorney today. The Wilson Law Firm, P.L. © 2010
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No Valid Drivers License
Petit Theft / Shoplifting
Possession of Alcohol Under 21
Possession of Firearm by Felon
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