Assault And Aggravated Assault

Daytona Beach Assault Criminal Defense Attorney

Fighting for Clients In Deland, Daytona Beach and Throughout Central Florida

Assault is a crime in the State of Florida that does not require the defendant to touch the victim. Florida punishes those who are convicted of threatening another person. Assault is defined in Florida Statute 784.011 and a misdemeanor assault is classified as a second degree misdemeanor. 

We have offices in DeLand and Daytona Beach and help clients throughout Central Florida fight their criminal charges. 

What is Assault

A person is found guilty of assault if the State of Florida is able to prove that (Fla. Jury Instructions 8.1):

  1. The Defendant intentionally and unlawfully threatened either by word or act, to do violence to the alleged victim.
  2. At the time of the threat, the Defendant appeared to have the ability to carry out the threat, and
  3. The Defendant’s act created in the mind of the alleged victim a well-founded fear that violence was about to take place.

Just because you make a threat, but do not actually harm an individual, it can still land you in jail. An assault is a specific intent crime, which means that the person charged with assault intended to threaten the alleged victim. Attorney Matt Thompson defended an individual who was carrying a firearm, shooting the firearm in the air, but did not point the firearm at anyone or threaten anyone specifically by word or act. The police charged this individual with an assault charge for every person who witnessed this individual acting erratically. While this person’s actions were not wise, they did not constitute a valid threat to an on-looker. Matt Thompson was able to get the case reduced to a misdemeanor and the Defendant was sentenced to a short period of probation.

Aggravated Assault

Aggravated assault is a crime defined by Florida Statute 784.021. For an aggravated assault to occur, it is not necessary to have touched or even intended to touch the victim. An aggravated assault occurs any time a person threatens another with a deadly weapon, even if the person does not intend to kill or injure the victim.

What is Aggravated Assault?

Aggravated assault is considered a violent crime. You may be more familiar with the lesser crime assault. Assault is intentionally threatening, by word or act, to do violence to another and created well-founded fear in the mind of the victim. Unlike some other crimes, there is no element of intent to cause harm. The crime is the threat. So, even if you never touch or intended to touch the person, you can be arrested for assault. Aggravated assault has all of the same elements as assault, plus the threat must be made with a deadly weapon or with the intent to commit a felony on the victim.

Aggravated Assault – Deadly Weapon

What is a deadly weapon? According to the Florida Jury Instructions, a deadly weapon is a weapon that is “used or threatened to be used in a way likely to produce death or great bodily harm”. You’ll notice that the definition does not say that a deadly weapon is limited to something like a knife or a firearm. A deadly weapon can include a BB gun (Mitchell v. State, 698 So. 2d 555, 1997), or an automobile (Williamson v. State, 92 Fla. 980, 1926).

Aggravated Assault With a Firearm

If someone is charged with making a valid threat to another while in possession of a firearm, the result could be significant prison time. Aggravated Assault with a firearm, under certain circumstances, can result in a minimum mandatory prison sentence. A minimum mandatory prison sentence means that even the Judge cannot sentence you less than the minimum mandatory, the prison time can only become greater.

Aggravated Assault – With Intent to Commit a Felony on the Victim

Even if you do not carry a weapon when the assault is committed, it can be considered an aggravated assault is the State proves that the assault was done with the intent to commit a felony on the victim. For example, threatening another in the course of a robbery, even if you do not have a weapon of any kind, will count as an aggravated assault rather than an assault because a robbery is felony.

What Happens When You’re Convicted of a Felony?

Aggravated assault is a third degree felony, punishable by up to five years in prison, five years of probation, and a fine of $5,000. Having a felony conviction on your record can affect your employment opportunities and future success. Having a felony conviction for a violent crime can additionally influence your ability to own a firearm. If you are a student, felony convictions can prevent your admission to colleges, universities, graduate schools, and bar your ability to obtain scholarships and loans. With all of this at stake, hiring an experienced attorney is a must. Matt Thompson has handled hundreds of assault and aggravated assault cases. He brings his experience as a former prosecutor to his defense practice. He knows what evidence the prosecution will use and works tirelessly to weaken the case that the State has against you.

The Thompson Law Approach

Before you pay us a single penny, you will meet face-to-face with attorney Matt Thompson during your case evaluation. We begin every case by meeting with our potential clients and discussing the allegations. Thompson Law firmly believes in taking an individual approach with our clients. No two cases are the same, so we have abandoned the cookie-cutter approach used by other law firms, and instead focus on crafting a defense that is individual for your case. When you hire Matt Thompson, you gain all of his experience, expertise, and honesty. In addition to direct access to your attorney, our team will work with you every step of the way, keeping you informed about the progression of your case. When facing a felony conviction, having an attorney who is accessible and knowledgeable is not just a luxury: it’s a necessity. Call today for your free case evaluation, and let Matt Thompson be that attorney for you.

  • Domestic Violence

    Client was texting a friend when her significant other tried to grab for her phone. When the client tried to pull away, the victim claimed that he was battered and the client was arrested and brought before DCF due a child being in the house. Attorney Matt Thompson wrote a letter to the State explaining the discrepancy in evidence and claimed that the client was in fact moving away from the victim and did not intentionally try to hit the victim. All charges against the client were dismissed.

  • Sale and Possession of Heroin

    Defendant entered a treatment facility while case was pending. Attorney Thompson provided progress reports of all of her progress during her stay to show improvement. State agreed to amend all charges to simple possession and the Defendant was sentenced into Drug Court.

  • Aggravated Assault with a Firearm

    Client was accused of shooting a shotgun over the head of two minors. Attorney Thompson did a public records request to discover that officers reported to the scene of the crime the night of the incident and spoke to the victims on the evening the alleged crime occurred and believed the victims to be intoxicated and unreliable. Attorney Thompson conducted depositions of the officers and ultimately all charges were reduced to a misdemeanor and no incarceration.

  • Grand Theft, Fleeing, Possession of a Fictitious Driver’s License

    Attorney Matt Thompson, through depositions and litigation was able to show that officers did not act according to the warrant by picking up the client immediately upon sight. The charge of Fleeing or Attempting to Elude Law Enforcement, which carries a mandatory felony conviction, was dismissed by the State and the client was offered probation and no felony conviction.

  • Sexual Battery & Domestic Battery

    Mr. Thompson took depositions of the victim showing that the victim was not truthful with police when she provided her statement as to what happened. Confronted victim with social media posts, bank records, and telephone records to show that she was not in the places that she stated she was during the time the alleged crime took place. Case 1 was dismissed and the Defendant pled to Case 2 and received two (2) years of prison and credit for fifteen (15) months in prison.

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GIVE YOUR CASE THE ATTENTION IT DESERVES

  • Over 15 Years of Experience
    There's no substitute for experience. When faced with a serious crime, you need an attorney who has successfully handled numerous cases like yours.
  • Aggressive Trial Attorney
    Matt Thompson is a skilled trial attorney and has achieved many positive jury verdicts. If your case goes to trial, you can be confident that Matt is equipped to represent you.
  • High-Quality Legal Representation
    At Thompson Law, P.A., every client matters. This means that your case will receive the personal attention and care it deserves.
  • Criminal Defense Is All We Do
    Because our firm only focuses on criminal defense matters, you can trust our team has the specific knowledge needed to handle you case successfully.

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