The crime of Assault in Florida is often mistaken for a Battery. In an assault, the “victim” is not touched, as with a battery. An assault is an intentional and illegal threat by word or act to do violence to someone while having the apparent ability to commit the violence and in doing so, you created a well-founded fear in the other person that violence was imminent. If convicted of an assault in Florida, the maximum punishment is 60 days in jail because the crime is considered a second degree misdemeanor.
An assault can also be considered a felony in Jacksonville if certain requirements are met. An Aggravated Assault is an assault with a deadly weapon without the intent to kill or an assault with the intent to commit a felony. An Aggravated Assault is a third degree felony punishable by up to 5 years in prison. If you are convicted of an Aggravated Assault with a Deadly Weapon in Florida, there is a three year minimum mandatory sentence.
Many assault cases in Jacksonville are based only on someone’s word, usually the alleged “victim”. That is why it is important to consult with an experienced criminal defense attorney to discuss the issues in your case. Police do not always talk to all the witnesses, especially the witnesses who back the person arrested. In assault cases in Jacksonville, there is little, if any, physical evidence.