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What is aggravated assault?

On Behalf of | Dec 16, 2020 | Assault And Battery |

To get charged with assault in Florida, you typically have to injure someone or make people fear that they’re about to be injured. To be charged with aggravated assault, you have to seriously injure someone or make them fear for their life. This charge is much more serious than regular assault and carries a harsher set of consequences.

What is defined as aggravated assault?

While you don’t have to use a weapon to be charged with assault and battery, using a deadly weapon is often considered aggravated assault. A deadly weapon could include a gun, a knife or anything else that could kill or severely injure someone. Even if you didn’t actually use the weapon, using it to threaten someone can be enough for an aggravated assault charge.

The identity of the victim can also be a factor. In certain states, if you assault a police officer, firefighter or teacher, that’s automatically considered aggravated assault. Additionally, your intent can also cause an assault charge to be upgraded to aggravated assault. If you made someone believe that their life was seriously in danger, that might be considered aggravated assault.

The victim’s injuries might also be taken into account. If they were severe, you might get hit with an aggravated assault charge, regardless of your intent or whether you used a deadly weapon. Even if they were minor, you could still be charged if the type of assault could have killed another person.

What could an attorney do for you?

Aggravated assault is an incredibly serious criminal charge–and once it’s on your record, it could haunt you for life. An attorney could potentially defend you in court and get the charges reduced so you don’t spend years behind bars.