Aggravated Assault/Battery

In Jacksonville a crime of assault can be charged under assault, aggravated assault, assault of law enforcement officers (including firefighters, emergency medical care providers, public transit employees or agents, or other specified officers), assault on sexually violent predators detention or commitment facility staff, assault on the elderly (someone over 65 years of age), assault by a person who is being detained in a prison or jail, or assault on code inspectors.

These crimes are proscribed under Florida Statute 784. The General crime of aggravated assault found in Florida statute 784.021 happens when:

1. You intentionally and unlawfully threaten, by word or act, to to violence to the alleged victim.
2. At the time you appeared to have the ability to carry out the threat.
3. In the victim's mind, your act or words created a well-founded fear that the violence was about to take place.
4. The assault occurs with a deadly weapon without intent to kill; or
5. With an intent to commit a felony

An aggravated assault is a third degree felony and is punishable by up to five years in prison.

There are many ways to defend an individual against a Florida Aggravated Assault Charge. These include showing that you were justified in your actions, that there was no apparent ability to carry out your threat, that the victim had no reason to fear the words or actions, or that the victim was unaware of them at the time it occurred. In addition, if the state attorney cannot prove use or possession of a deadly weapon or the intent to commit a felony, the defendant cannot be convicted of the crime of aggravated assault.

Often by investigations and interviewing the witnesses, inconsistencies and differences can be found that would create a reasonable doubt of the occurrence of the events.

If you have been charged with a crime of aggravated assault in Jacksonville or the surrounding areas of Florida or believe you are under investigation of an aggravated assault or other criminal activity, call us at 904-685-1200 or contact a Jacksonville Criminal Defense & Aggravated Assault Lawyer as soon as possible to set up a consultation.

A Simple Battery becomes an Aggravated Battery if (1) the defendant intentionally or knowingly causes great bodily harm or permanent disability or disfigurement, or (2) uses a deadly weapon. Florida Statute Section 784.045

Aggravated battery is a second degree felony, so it is punishable by up to 15 years in prison. However, there are defenses to this charge. For instance, the defendant may have acted in self-defense, or the alleged victim of the crime may have fabricated the story. There are two sides to every story, and criminal defendants charged with aggravated battery have the right to have their side heard. Many times, police reports are incomplete, and there are more details involved in the event that were never documented.

A Jacksonville Florida Criminal Defense Attorney can investigate your case and review any possible defenses that you may have. If you believe that you are under investigation or have been arrested for Aggravated Assault in Jacksonville Florida or the surrounding areas, contact a Jacksonville Criminal Defense Lawyer to ensure that you are adequately represented.

Call us at 904-685-1200 or contact a Jacksonville Criminal Defense Attorney as soon as possible to set up a consultation.