Understanding Assault with Intent to Commit a Felony in FL

Being charged with assault can be overwhelming, especially if you’re being accused of intending to commit a felony.

Florida defines assault with intent to commit a felony like aggravated assault, which means you could be facing time in prison and significant fines. Fighting a conviction means fighting for your future. Learn more about how to defend against assault charges.

How is Assault with Intent to Commit a Felony Defined?

Florida Statute § 784.021(1)(b) defines assault with intent to commit a felony as a type of aggravated assault.

To understand this better, let’s break it down:

• Assault: Assault means intentionally threatening to harm someone, making them afraid that they will be hurt. This does not require physical contact; just the threat and the fear it causes are enough.
• Intent to Commit a Felony: This means that during the assault, the person had a specific plan or goal to commit another serious crime, known as a felony. Felonies are crimes that are more severe than misdemeanors and usually have harsher punishments.

So, if someone threatens another person with the intention of committing a more serious crime afterward, it is considered assault with intent to commit a felony.

Felonies Associated with Aggravated Assault

In Florida, aggravated assault can be associated with various felonies.

Common examples include robbery, burglary, sexual battery, kidnapping, drug trafficking, and murder.

In each case, the assault occurs as part of the intent to commit these more serious crimes.

What Are The Penalties for Assault with Intent to Commit a Felony?

In Florida, assault with intent to commit a felony is classified as a third-degree felony.

This is a serious offense and carries heavy penalties. If convicted, you could face up to five years in prison and a fine of up to $5,000.

Beyond these immediate consequences, a felony conviction will stay on your criminal record permanently. This can make it difficult to find a job, get housing, or even go back to school.

What Factors Influence Penalties for Assault?

Several factors can influence the severity of the penalties for assault with intent to commit a felony:

• Aggravating Factors: These are details that can make your punishment more severe. For example, if a deadly weapon was used during the assault, if the victim was seriously injured, or if the offender has a prior criminal record, the penalties can be harsher.
• Mitigating Factors: These are details that can lessen your punishment. If the offender was acting in self-defense, if the victim provoked the offender, or if the offender has no prior criminal record, these factors can help reduce the severity of the penalties.

Common Defenses Against Assault with Intent to Commit a Felony

If you are charged with assault with intent to commit a felony, there are several defenses that your attorney might use to fight the charges:

• Self-Defense: If you were protecting yourself or someone else from harm, this can be a strong defense. Self-defense means you believed you were in immediate danger and had to act to prevent being harmed.
• Lack of Intent: If you did not actually intend to commit another felony during the assault, your attorney might argue that the charge should be reduced. Intent is a crucial part of this charge, and without it, the case against you may not hold up.
• Mistaken Identity: If you were not the person who committed the assault, this defense can be used to prove that you were wrongly accused.
• Insufficient Evidence: The prosecution must prove beyond a reasonable doubt that you committed the crime. If there is not enough evidence to support this, your charges could be dismissed.

Legal Process and What to Expect

When you are arrested and charged with assault with intent to commit a felony, the legal process begins. Here’s what you can expect:

• Initial Arrest and Charges: After being arrested, you will be formally charged with the crime. You will have a chance to hear the charges against you and enter a plea.
• Pre-trial Proceedings: Before the trial, there may be several hearings. These can include discussions about bail, where you might be released from jail while awaiting trial, and plea negotiations, where your attorney and the prosecution might agree to a lesser charge or sentence in exchange for a guilty plea.
• Trial Process: If your case goes to trial, the prosecution will present evidence to prove your guilt. Your attorney will challenge this evidence and present defenses. The goal is to create doubt about your guilt. If the jury has reasonable doubt, they must acquit you, meaning you are found not guilty.

Why Should I Hire a Pensacola Criminal Defense Lawyer?

Having a skilled criminal defense attorney is crucial when facing charges of assault with intent to commit a felony.

An experienced lawyer can help you understand your rights, build a strong defense, and guide you through the complex legal process.

They can challenge the prosecution’s case, negotiate for lesser charges, or even get the charges dismissed.

For example, an attorney might find that the evidence against you was obtained illegally or that the prosecution cannot prove all elements of the crime. They can also argue for mitigating factors that might reduce your sentence if convicted.

A Pensacola Defense Attorney is Here To Help 

Assault with intent to commit a felony is a serious charge with severe penalties. Understanding the nature of this charge, the possible penalties, and the defenses available is essential. If you or someone you know is facing this charge, it’s crucial to seek legal representation immediately.

Mitkevicius Law, PLLC, with its experienced team, can provide the guidance and defense needed to navigate these challenging times. Contact us for a free consultation to discuss your case and explore your options.

By understanding your rights and the legal process, you can make informed decisions and work towards the best possible outcome for your case.Top of Form