The Law Office of Corey I. Cohen
Free Consultation Phone Answered 24/7

What is considered First Degree Assault?

In the state of Florida, being charged with First Degree Assault means a lot more than normal crime of Assault. Assault is a Second Degree Misdemeanor in Florida. That usually comes to 60 days in jail, to go with 6 months of probation and some fines. But when a person is charged with First Degree Assault it is because there is evidence that shows intent. The intent to cause serious physical injury to another person by using a deadly weapon or a dangerous instrument.

So the main difference between "first degree assault" and "second degree assault" comes down to the severity and premeditation of the alleged action. That can be a murky situation for the prosecution to prove, which helps the accused and their defense team. You can use the "conditional threat" defense. One example often used for this defense is when someone threatens to shoot another person, unless that person leaves the property. "Idle threat" is a defense used since it is not clear that the person was actually going to cause harm. "Unreasonable fear" is used if the accuser was taunting the defendant or didn't believe the defendant would follow through with their threat.  

Depending on the facts of the case, the defense has many options available to prove their client's innocence for a First Degree Assault charge. If convicted, your life may never be the same again. It's amazing how fast life can change because of a physical or verbal altercation. It could be at a home or out in a public setting. That's why it's important to have a lawyer by your side to prove your innocence, or negotiate for reduced jail time in exchange for community service or treatment in an anger management program.

No Comments

Leave a comment
Comment Information

Contact Our Firm For Help Today

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Email Us For A Response

Our Location

605 East Robinson Street
Suite 330
Orlando, FL 32801

Toll Free: 888-390-8937
Phone: 407-246-0066
Fax: 407-246-0883
Orlando Law Office Map

Contact Us

Visa | MasterCard | American Express | Discover