In the State of Florida, there is no 3rd Degree Assault charge. Instead, a charge of assault may be elevated to aggravated assault, which is a third-degree felony, if it was committed with a deadly weapon or with the intent to commit another felony.
A deadly weapon may include a knife, a gun, a vehicle, and other objects. The intent to commit another felony refers to when someone is committing another crime that is classified as a felony, for example, robbery.
Examples of offenses that are also classified as 3rd Degree Felonies in Florida include:
- Possession of a controlled substance
- Carrying a concealed firearm
- Aggravated stalking
- Battery of a law enforcement officer
- Child abuse
- Arson
Assault, generally, is an intentional action that causes someone else to be in fear of imminent bodily harm or an offensive touching. Assault may be an intentional tort or a crime, meaning it can serve as the basis for a civil lawsuit and for criminal charges.
All states in the United States have statutes making assault a criminal offense. This allows it to be prosecuted in a state court and punished by incarceration and criminal fines. Typically, states divide assault offenses into degrees.
Although the specific elements of assault degrees may vary by jurisdiction, they typically include:
- 1st Degree Assault: The intentional infliction of fear of injury caused by a deadly weapon or serious bodily harm.
- 2nd Degree Assault: The defendant knowingly inflicted the fear of injury with a deadly weapon or seriously bodily injury.
- 3rd Degree Assault: The reckless infliction of fear of injury because of the use of a deadly weapon or of serious bodily injury.
Typically, in most jurisdictions, 3rd Degree Assault is the least serious category. If someone has any questions about the definition of assault or aggravated assault in Florida, it is very important to have a Florida lawyer consultation.
What Are the Criminal Penalties for Third Degree Assault in Florida?
As previously noted, there is not a 3rd Degree Assault charge in Florida. However, a defendant can face charges of aggravated assault, which is classified as a 3rd Degree Felony.
If a defendant in Florida is convicted of a 3rd Degree Felony, they may face up to five years in prison, up to $5,000 in criminal fines, up to five years probation, and may be required to pay restitution to the victim.
Simple assault in Florida is typically categorized as a 2nd Degree Misdemeanor. If convicted, a defendant faces up to 60 days in jail, up to $500 in criminal fines, up to six months of probation, and possible restitution. If the assault occurred during a riot in Florida, the offense can be charged as a 1st Degree Misdemeanor.
In states that do have degree categories, 3rd Degree Assault is often a Class A misdemeanor, which is the most serious category of misdemeanors. In certain states, 3rd Degree Assault can also be a felony, depending on the facts of the case.
In these cases, the defendant will face more severe penalties and higher criminal fines. There are aggravating factors that can have an impact on the sentence that a defendant will receive.
What can be considered an aggravating factor can include things, such as the degree of harm the victim suffered, whether the defendant had repeat convictions, if a weapon was used, and certain types of victims, such as minors, disabled or protected individuals.
If a defendant in Florida has multiple felony convictions, they may be subject to the state’s three strikes law. If convicted of three or more violent felonies, a defendant may face a mandatory life sentence.
It is also very difficult to have a felony conviction expunged from someone’s criminal record. A Florida lawyer can provide more information about the consequences of an aggravated assault conviction.
What Are “Wobbler” Crimes in Florida?
The State of Florida does not have wobbler crimes like other states. There are, however, criminal offenses with varying degrees based upon the facts of the offense. This allows the prosecution to elevate or reduce the charges against a defendant from a misdemeanor to a felony.
In those jurisdictions that do have wobbler classifications, there are criminal offenses that may be charged as a misdemeanor or as a felony, depending on the circumstances of the case. For example, the factors that can result in a 3rd Degree Assault charge being a felony in a wobbler jurisdictions may include:
- Whether the defendant has a criminal history of assault offenses
- Whether the defendant is subject to a three strikes law
- Whether the victim belongs to a group, for example, law enforcement, a domestic partner, minors, etc.
- The degree of bodily harm the defendant meant to inflict upon the victim
- The degree of bodily harm that was actually inflicted upon the victim
- If an illegal or dangerous weapon was used during the commission of the offense
Even though there are no wobbler offenses in Florida, a Florida attorney may be able to negotiate with the prosecution and obtain a reduction in the charges against a defendant from a felony to a misdemeanor. It may also be possible to reach a plea deal, depending on the facts surrounding the case.
Legal Defenses for Third Degree Assault Charges
Depending on the facts and circumstances that surround an offense, there can be available criminal defenses that the defendant can raise in court when they are facing assault charges, for example:
- Self-defense
- Lack of evidence to prove each element of the offense
- Intoxication
Self-defense is a commonly used defense to assault charges. However, the defendant may only use it when they did not instigate the situation and if they used an amount of force that was appropriate considering the force that was used against them.
The lack of evidence defense may be argued if the defendant does not think the prosecution proved each element of the offense beyond a reasonable doubt. For example, if they have to show the defendant committed the assault with the intent to commit another felony, lack of evidence may be a successful defense.
Other defenses may also be available that can result in a lesser sentence or a reduction in the charges against the defendant.
Should I Hire a Florida Lawyer for Help With Third Degree Assault Charges?
If you are charged with aggravated assault, or any 3rd Degree Felony in Florida, it is essential to consult with a Florida criminal defense lawyer. If you are convicted of any type of felony, it can impact nearly every aspect of your life.
Your Florida defense attorney can explain the charges against you and the possible defenses you can present. In as little as 15 minutes, you can submit your legal concerns about a Florida 3rd Degree Felony and, in around one business day, you will get responses from licensed and prescreened member attorneys who are ready to help and represent you in court.
These lawyer responses will include information on each lawyer’s education, background, fee arrangements, and reviews from their previous clients. This can help you decide which criminal defense lawyer will be the best fit for your needs. Get started with LegalMatch today to ensure that your rights are protected when you are facing felony charges in Florida.
