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Assault and assault are two very different crimes in Florida, but they are often confused as the same crime. Commonly, aggression is directly confused with aggression, although legal aggression is just the threat of violence, while aggression is the actual use of violence. When accused of a crime like assault or assault, it's important to know the difference between the crimes, as each crime carries radically different penalties. an experiencedHernando County Violent Crimes AttorneyIt can help you resolve your allegations and build a strong defense against them.
If you're faced with an attack or battery charge in the Hernando County area, it's important to be aware of your attack. Contact the law firm of Ashley Aulls, P.A. if you are arrested for assault or assault in Hernando County, Citrus County, Sumter County and the Pasco County area including Brooksville, Spring Hill, Timber Pines, Brookridge, High Point, Hernando Beach, Inverness, Inverness Highlands, Beverly Hills, Hernando were , Center Hill, Webster, The Villages, Dade City, Shady Hills and Hudson. Ashley Aulls will educate you on your case, keep lines of communication open and build a strong, personalized defense to your allegations.
With a family history of successful lawyers, Ashley Aulls knows what it takes to beat a robbery or assault in Brooksville while treating you with the dignity and respect you deserve. To find out what the law firm of Ashley Aulls, P.A. what you can do for your attack or battery case, call(352) 593-4115today and arrange your initial consultation.
Definition and penalties of aggression in Florida
Confusion about the definition of aggression arises because the general definition, as used in the dictionary and in other everyday functions, can include an act of violence committed. The Florida statutory definition of personal injury as set out in Fla. However, status § 784011 is quite different. According to the legal definition, aggression is a deliberate and unlawful threat of violence against another person, communicated through words or actions. This threat must exist when the alleged perpetrator is clearly capable of acting and has acted that gives rise to a justified fear that the person attacked is at risk of violence.
Aggravated assault occurs when a person commits aggression with a deadly weapon without intent to kill or commit a crime. Simple assault is a second-degree misdemeanor, while aggravated assault is a third-degree felony. Second-degree assault carries a maximum penalty of 60 days in prison and a $500 fine, third-degree assault carries a maximum of five years in prison and a $5,000 fine. The experienced advice of an attorney with experience defending violent crimes in the Spring Hill area is highly recommended in defending against assault charges in Hernando County or the surrounding area.
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Definition of Aggression in Florida and Penalties
Battery is the legal term for the offense that occurs when actual violence is used, with or without bodily harm. Under Florida law, the state of Florida defines the battery. § 784.03 when a person actually and intentionally touches or hits another person against their will, or when a person intentionally causes bodily harm to another person.
Criminal bodily harm is the offense that occurs when the act of simple bodily harm results in major bodily harm, permanent disability, or permanent disfigurement. Aggravated assault occurs when the perpetrator commits aggression and also performs any of the following acts:
- Willfully or knowingly causes severe physical harm, permanent disability, or permanent disfigurement
- Use a deadly weapon
- Sacrifice of a pregnant woman when the person knew or should have known that the woman was pregnant
A simple battery is a first-degree misdemeanor punishable by up to one year in prison and/or a fine of up to $1,000. Both criminal assault and aggravated assault are crimes. Aggravated assault is a third-degree offense punishable by up to five years in prison and a fine of up to $5,000, while aggravated assault is a second-degree offense punishable by up to 15 years in prison and/or a fine punishable by up to US$10,000. . .
In determining whether a battery charge is an post-conviction, all findings of guilt based on a plea bargain or judicial proceeding will be considered valid criminal records, including uncontested claims and situations where a judgment is withheld. The battery is a very serious liability; It is highly recommended that you hire an experienced theft protection attorney in the Homosassa Springs area to begin your defense immediately.
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Florida Penalties for Specific Aggression and Assault Circumstances
Some instances of bodily harm or bodily harm may fall under circumstances specifically described in the statutes and therefore qualify as a felony. An experienced criminal defense attorney handling personal injury or battery cases in Hernando County may defend against any of the following charges arising in these particular circumstances under Florida law:
- Attacking or hitting a police officer: Fla. Status § 784.07 – When a person assaults or punches a police officer, firefighter, emergency medical technician (EMT), or other law enforcement official or emergency responder, it is considered a separate and updated felony. In these circumstances the following applies:
- Assault is a first-degree misdemeanor
- Battery is a third degree felony
- Aggravated assault is a second-degree felony with a mandatory minimum sentence of three years.
- Aggravated assault is a first-degree felony with a mandatory minimum sentence of five years
- Hitting with a firearm carries a mandatory minimum sentence of three years.
- Battery with semi-automatic weapon or machine gun
- Assaulting or assaulting an employee at the Sex Offenders Detention Center: Fla. Status § 784.074 - When an employee of a sex offenders' detention center or facility is involved in his or her duties and a person commits an assault or fight, the crime is updated. Assault becomes a first degree misdemeanor, assault becomes a third degree felony, aggravated assault becomes a second degree felony, and aggravated assault becomes a first degree felony.
- Assault on juvenile probation officer, detention center staff or medical staff: Fla. Status § 784.075 - When a person assaults a juvenile parole officer or juvenile detention center worker, that is a third-degree felony. This includes attacks on medical personnel such as drug or alcohol treatment counselors, psychiatrists or psychologists.
- Batteries from prison guards or other employees with body fluid: Fla. Status Section 784 – It is a third-degree felony for anyone incarcerated in jail or jail to harass, threaten, alert, or cause to harass, threaten, alert, or induce blood, partially digested food, saliva, semen, urine, to a jail or jail officer or coming into contact with anyone's feces, including throwing or expelling. This includes prison guards or other officials that the offender knows or should know is a prison or prison official.
- Aggression or aggression towards people aged 65 and over: Fla. Status § 784.08 – When dealing with assault or physical harm to an elder person, that is, persons 65 and older, assault is reclassified as a first-degree misdemeanor and assault as a third-degree felony. Aggravated Assault and Aggravated Elder Assault are reclassified as second-degree felonies and first-degree felonies, respectively. The mandatory minimum sentence for aggravated assault or elder abuse is three years and a fine of up to $10,000 is imposed. In addition, the judge will award compensation to the victim and up to 500 hours of community service.
- Aggression or aggression toward specific employees or associates: Fla. Status § 784.081 – Bodily harm, assault, grievous bodily harm, and aggravated assault are all escalated by one degree to a first-degree misdemeanor, a third-degree felony, a second-degree felony, and a first-degree felony if the victim is an officer or employee who specified in these Articles of Association, including:
- referee
- referee
- Lehrer
- directors
- school counselor
- Lehrer
- DCFS investigators
- health inspectors
- Assault or assault by a prison inmate against a visitor or another inmate: Fla. Status Section 784.082 - The offense of assault or aggravated assault or assault is reclassified in severity when the crime is committed by a prisoner or inmate of a correctional facility against a visitor to the prison or jail or to another prisoner or inmate of the jail or jail is committed . Assault becomes a first degree offence, assault becomes a third degree offence, aggravated assault becomes a second degree offence, and aggravated assault becomes a first degree offence.
- Attack or Battery on Code Inspectors: Fla. Status § 784.083 – A code inspector is an authorized county or city official or agent whose job is to ensure compliance with the Code, such as: B. a building code inspector or a security code inspector. Assaulting or assaulting a code inspector raises the offense's classification to grade. Assault becomes a first degree offence, assault becomes a third degree offence, aggravated assault becomes a second degree offence, and aggravated assault becomes a first degree offence.
- Battery of a child or minor with body fluid: Fla. Status § 784.085 - It is a third-degree felony to assault a child or minor under the age of 18 by allowing such child to contact or attempt to cause blood, semen, urine or feces by playing, throwing, projecting or ejecting it in the child.
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The law firm of Ashley Aulls, P.A. | Attack or attack defender in Hernando County
If you are arrested and charged with assault or assault in Hernando, Citrus or Sumter County or surrounding areas including Brooksville, Weeki Wachee, High Point, Hernando Beach, Hill 'n Dale, Inverness Highlands, Sugarmill Woods, Lecanto, Wildwood, Lake Panasoffkee or Bushnell, contact Ashley Aulls, an experienced violent crime attorney, to begin your defense today.
He will enlighten you on your offense while fighting hard against your assault or battery charges in court. To find out what the law firm of Ashley Aulls, P.A. may call Hernando County for personal injury, battery, or related charges(352) 593-4115today and arrange your initial consultation.