Pursuant to Florida Statutes §784.011, assault is the intentional, unlawful threat by word or act to commit violence against another person, coupled with the apparent ability to do so, which creates a well-founded fear in such other person that violence is imminent.
Assault is a 2nd degree misdemeanor in the state of Florida, punishable by up to sixty (60) days in jail.
Assault can be elevated based upon the use of a deadly weapon or the person having the intention to commit a felony while committing the assault. This will result in aggravated assault which is a third degree felony, punishable by up to five (5) years in State prison.
According to Florida Statutes §784.03, battery is when a person, actually and intentionally touches or strikes another person against the will of the other; or intentionally causes bodily harm to another person.
Simple battery is a first degree misdemeanor punishable by up to one (1) year in jail.
A person who has one prior conviction for battery, aggravated battery or felony battery and who commits a second or subsequent battery commits a felony of the third degree.
A third degree felony is punishable by up to five (5) years in State prison.
Battery can be elevated based upon the use of a deadly weapon or if the defendant knows/knew the victim is/was pregnant at the time of the offense.
Aggravated battery is a second degree felony punishable by up to fifteen (15) years in State prison.
By far the most serious charge that one in our society can face is murder. Murder, also known as homicide, also carries with it the harshest sentencing that can be given to a defendant. If you or a loved one has allegedly taken another person’s life, law enforcement and the State Attorney’s Office will prosecute the case at all costs and it is important to have a lawyer with experience in this situation. A conviction could result in death or life in prison.
Aston Wilson, P.A. has experience having tried a double homicide case and is familiar with the violent nature and strategies in order to defend this serious charge. It is vital that immediate action is taken to defend a murder charge.
If you or a loved one has been charged with manslaughter it is extremely important that you contact a defense attorney as soon as possible after knowledge of the charges.
There are three types:
Voluntary manslaughter: This charge usually involves the killing of another person without premeditation. Voluntary manslaughter is most notably known as a ‘crime of passion.’
Involuntary manslaughter: This charge usually involves criminal negligence.
Vehicular manslaughter: This charge involves the killing of another while driving a vehicle.
A criminal defense lawyer can help protect your rights when faced with a manslaughter case.