Tampa Aggravated Assault Lawyer

Tampa Aggravated Assault Attorney

Tampa has no shortage of things to do, from family fun at the Florida State Fair to cheering on the NFL’s Buccaneers, the NHL’s Lightning, or the MLB’s Rays. There’s always something exciting going on. Don’t let an aggravated assault charge take away your freedoms. A Tampa aggravated assault lawyer can offer guidance during this stressful time.

Hire an Aggravated Assault Lawyer

At Jeff Marshall Law, we believe in the motto “Never Surrender.” We are ready to fight for your freedoms when you’re facing an aggravated assault charge. When you hire an aggravated assault lawyer, you want a team that is ready to negotiate on your behalf or take your case to trial. With decades of experience, our team has handled complex cases throughout Tampa.

Aggravated Assault Demographics in Florida

Under Florida Statute 784.021, aggravated assault is assault with a deadly weapon but without the intent to kill. It also includes assaults committed with the intent to commit a felony. Aggravated assault laws classify it as a third-degree felony.

The FBI’s Crime Data Explorer tracks information about aggravated assault cases in Florida. In 2024, there were a total of 35,954 aggravated assaults. Perpetrators of aggravated assaults were:

• 64% aged 20-49
• 70% male
• 22% female
• 43% white
• 43% African American
• 14% Hispanic or Latino

Victims of aggravated assaults were:

• 65% aged 20-49
• 57% male
• 43% female
• 54% white
• 43% African American
• 21% Hispanic or Latino

Additionally, 55% of the aggravated assaults were committed in a residence. While 20% involved the use of a knife or cutting instrument, 19% involved a firearm.

Four Factual Elements of Aggravated Assault

To be charged with aggravated assault, as opposed to simple assault or another crime, the following four elements must be present:

1. The individual accused intentionally and unlawfully threatened the alleged victim with violence, either through their actions or their words.
2. The accused had the physical means to follow through with the threat at the time it was made.
3. The alleged victim had a well-founded fear as a direct result of the threats made by the accused.
4. The accused committed an assault against the victim with a deadly weapon or with the intent to commit a felony.

These four elements are important in determining if an alleged assault meets the requirements to be elevated to an aggravated assault. A deadly weapon is considered any item that could be used to cause death or serious bodily harm.

Possible Defenses to an Aggravated Assault Charge

Aggravated assault charges are very serious. As a felony in the third degree, penalties for an aggravated assault conviction include imprisonment for up to five years and a fine of up to $5,000. There are also the implications of having a felony conviction on your record.

Aggravated assault laws leave room for interpretation and require that the four factual elements be met. As a defense, your attorney may argue:

• Self-defense
• Defense of another
• Defense of property
• Duress
• Stand your ground laws
• False allegations
• Constitutional right violations during arrest
• No intent to threaten
• Inability to enact threats
• No deadly weapon was used
• The accused’s conduct was not a threat
• The alleged victim’s fears were unfounded

Steps to Take After Being Charged With Aggravated Assault in Tampa

If you have been accused of aggravated assault, there are important steps you can take to help your case. Exercise your right to remain silent. Do not speak to law enforcement without a qualified Tampa aggravated assault attorney present. You should also avoid any contact with the alleged victim.

Be sure to gather any evidence, including details of the incident, eyewitness statements, and a copy of the police report, to support your case. Reviewing these materials with a Tampa criminal defense attorney can help identify potential defense strategies.

FAQs

Can Aggravated Assault Charges Be Dropped in Florida?

An aggravated assault charge can be dropped in Florida if there is sufficient evidence presented to justify dropping the charge. A knowledgeable attorney could argue that you were acting in self-defense or the defense of another person, that a well-founded fear of imminent violence was not created, or that you were incapable of causing violence against the other person.

What Is the Most Optimal Defense for an Aggravated Assault Charge?

The most optimal defense for an aggravated assault charge depends on the unique circumstances of the case. An experienced Tampa aggravated assault attorney can base their defense strategy on the facts of your case. These facts could show that the allegations are false or that there is a lack of provable intent.

What Is the Difference Between Simple Assault and Aggravated Assault?

The difference between simple assault and aggravated assault lies in weapon use and intent. Simple assault only involves one person threatening to cause harm to another person. Aggravated assault involves one person threatening to cause harm to another person with the use of a deadly weapon or with the intent to commit a felony. Both simple assault and aggravated assault can be charged even if no physical harm occurs to the alleged victim.

Can Aggravated Assault Charges Be Expunged in Florida?

No, if you are convicted of an aggravated assault charge in Florida, that charge cannot be expunged from your record. The Florida Department of Law Enforcement provides a list of offenses that are not eligible to be expunged, including aggravated assault. The only exception is if the charges were dismissed or you were acquitted; in those cases, you can seek an expungement of your record.

How Much Does an Aggravated Assault Defense Attorney Charge in Tampa?

The actual rate for an aggravated assault defense attorney in Tampa depends on the specific facts of the case. Felony cases tend to be more costly than misdemeanor cases. Some defense attorneys may charge a flat fee, while others charge an hourly rate. You may also be required to pay a retainer fee before work can begin on your case. You can discuss all of your options during your initial consultation with our firm.

Contact Jeff Marshall Law Today

Through persuasion, strategy, and skill, Jeff Marshall Law is ready to fight for your freedoms throughout Tampa. Aggravated assault cases can have lasting consequences, but you don’t have to fight alone. Contact Jeff Marshall Law for a confidential consultation.

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