Felony Assault

Many people are unaware that threats of violence may have criminal repercussions, even if they are not carried out. Assault is a Florida crime that may be charged as a felony offense in some situations. Defending against the prosecution may be crucial to avoid a felony conviction and sentence. At Blake & Dorsten, P.A., our St. Petersburg assault defense lawyers have significant experience representing defendants in violent crime cases. If you are facing a felony assault charge, we can advocate on your behalf and help you assert your legal rights.

A Florida assault occurs when a person intentionally and unlawfully threatens, by word or action, physical violence against another person, and takes some action that creates a well-founded fear of imminent violence in such other person. To constitute assault, the threats must be credible and seemingly able to be carried out against the victim, although no physical contact or injury to the victim is required. A felony assault is an assault involving certain factors that elevate the offense to an aggravated assault. Felony assault in the third degree carries a maximum five-year prison sentence, five years of probation, and/or a fine up to $5,000 in the event of a conviction. Felony assault in the second degree is punishable by up to fifteen years in prison, fifteen years of probation, and/or a maximum fine of $10,000. Listed below are common felony assault crimes in Florida. A seasoned assault defense attorney can help you develop a legal strategy depending on which offenses you have been charged with.

An assault carried out with the use of a deadly weapon, without the intent to kill, is a felony assault. A deadly weapon may be a gun, knife, or any other object threatened to be used in a way that is likely produce substantial bodily injury or death. Aggravated assault with a deadly weapon is generally a third degree felony offense.

An assault made with the intent to commit a felony crime, such as burglary or sexual battery, is aggravated assault, and also a third degree felony offense.

An aggravated assault (either an assault with a deadly weapon or with an intent to commit a felony) is a second degree felony when the victim is a person 65 years of age or older. If convicted, the defendant will face enhanced penalties, including a minimum three year prison sentence, maximum $10,000 fine, restitution to the victim, and up to 500 hours of community service work.

Committing an aggravated assault on law enforcement officers, firefighters, and certain public servants while they are engaged in the lawful performance of their duties is a felony of the second degree. There are a large number of potential victims encompassed under the law including, but not limited to, the following:

• State and Federal Law Enforcement Officers
• Ambulance Drivers
• EMTs and Paramedics
• Uniformed and Licensed Security Officers
• DUI Blood Alcohol Analysts/Breath Test Operators
• Public Transit Employees

When the victim is a law enforcement officer, a conviction carries a minimum three-year prison sentence.

Aggravated assault may be elevated to a second degree felony when the alleged victim is an employee of a public or private school or school district, or certain state government departments, and the person committing the offense knows, or has reason to know, of their employment. Aggravated assault on referees and other sports officials during a game or immediately thereafter is also a second degree felony.

An aggravated assault committed by an individual who is being detained in a prison, jail, or other detention facility against another detainee, visitor, or a staff member may be charged as a felony of the second degree.

The assault defense attorneys at Blake & Dorsten, P.A. in St. Petersburg can represent individuals in aggravated assault and felony assault cases, as well as many other criminal matters. We are able to assist defendants in areas throughout Pinellas County, including Tampa Bay and Clearwater. Request a free consultation with one of our dedicated attorneys by calling 727-286-6141 or completing our website contact form.