Assault and Aggravated Assault
To prove the crime of simple assault, the prosecutor must prove the Defendant intentionally threatened, either by word or act, to do violence to the victim, that at the time the defendant appeared to have the ability to carry out the threat, and that the act of the defendant created in the mind of the victim a well-founded fear that the violence was about to take place. A simple assault is a second degree misdemeanor, punishable by a maximum of sixty days in jail.
To prove the crime of aggravated assault, the prosecutor must prove that the assault was made with a deadly weapon. A weapon is a "deadly weapon" if it is used or threatened to be used in a way likely to produce death or great bodily harm. An aggravated assault is a felony of the third degree, punishable by a maximum of five years in Florida State Prison.
There are a number of defenses to assault crimes; sometimes witnesses and victims are biased and less than truthful. A good attorney can show the jury that the testimony of such witnesses is not trustworthy. Also, sometimes persons accused of assault have acted in self-defense. In Florida a person can stand his or her ground and meet force with force when threatened in a place he or she has a right to be.
The Hardy Law Firm, P.A. for your assault Case?
Contact The Hardy Law Firm, P.A. to meet with Attorney David C. Hardy and discuss your case at no charge.