The Difference Between Assault and Aggravated Assault

If you are charged with Assault or Aggravated Assault, you may be wondering what the difference is. Understanding Florida law can be difficult, so you should consult a qualified criminal defense attorney like Sherry Ivey Jones to sift through the details related to your case. Many times charges can be thrown out or reduced depending on circumstances. If you are charged in the City of Milton, or the surrounding area of Santa Rosa County, you need to hire a qualified criminal defense attorney. Don’t leave your future and your freedom up to chance. You must hire a defense attorney as soon as possible when faced with these charges. Contact Sherry today!

Florida Assault Criminal Code

The difference between being charged with Assault or Aggravated Assault is significant. Though they share a similar definition, they vary by severity. Look at the legal definition of 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…

While a charge of Aggravated Assault is defined as:

(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…

Understanding the Difference

The circumstances of your case are different, and should be considered when dealing with charges. If you are charged with Aggravated Assault you can face one or all of these punishments:

• Up to five (5) years in prison.
• Up to five (5) years of probation.
• Up to $5,000 in fines.

The charge of Assault carries with it more lenient penalties though, and can be an alternative to Aggravated Assault if defended properly. As Assault is a misdemeanor, punishment can include one or all of these:

• Up to sixty (60) days in jail.
• Up to six (6) months of probation.
• Up to $500 in fines.

Consult an Attorney Qualified in Assault Defense