Defense to Depend On Call the Miami criminal defense attorneys at Hager & Schwartz, P.A. to get started on your defense!

Violent Crime Penalties in Florida

Learn More from a Miami Criminal Defense Attorney

If you find yourself accused of a violent crime, one of the first things you likely are wondering is what sort of penalties you’re facing if you’re found guilty. Violent crime penalties are some of the toughest and most extensive of all crimes due to the nature and perception of the offenses, and that means you shouldn’t hesitate whatsoever if you find yourself facing accusations of a violent crime.

At Hager & Schwartz, P.A., our Miami criminal defense attorneys are experienced in defending clients against all types of criminal charges, including violent crimes. We understand how intimidating it can be to be caught up in the criminal justice system, and we’re allies who fight to protect your rights and preserve your reputation along every step of the way. We believe success lies in detailed preparation and our trial-tested, aggressive strategy that effectively combats your charges to help obtain the best possible result. We truly care about your case and we want to help you move on with your life and get back to normal as quickly as possible.

Get a case evaluation by calling Hager & Schwartz, P.A. today at (305) 330-1360!

Assault Charges

Florida law defines assault as an intentional threat to commit violence to another person, coupled with the apparent ability to do so. This can also include intimidating someone to the point where they genuinely believe they may be at risk of harm being done to them. This can be found in Florida statute §784.011.

Simple assault, which is assault with no aggravating or mitigating factors such as the use of a deadly weapon, against a protected class, or done in the commission of another offense, is generally considered a second-degree misdemeanor, which means you may face up to 60 days in jail, up to six months’ probation, and a fine of up to $500.

Aggravated Assault

Aggravated assault is a simple assault charge, but with the presence of an aggravating factor. The most common type of assault is using a deadly weapon, such as a firearm, knife, or blunt instrument, in the commission of the assault. However, aggravated assault does involve the intent to kill.

Aggravated assault is considered a third-degree felony, carrying up to five years in prison or five years’ probation, plus a fine of up to $5,000. This is a particularly harshly-penalized crime, and even first-time offenders face a highly-realistic chance of prison time if convicted.


Whereas the crime of assault involves threatening someone with bodily harm, battery is actually doing harm to them. Florida statute §784.03 defines battery as any actual and intentional touching or striking of another person without that person’s will, including intentionally causing them bodily harm. However, “mutual combat,” such as a fist fight where both parties were willingly engaged in the altercation, is a valid defense to battery charges under Florida law.

Simple battery is a first-degree misdemeanor, carrying up to one year in prison or up to a year of probation. If the crime causes injuries, the victim may also seek restitution. However, aggravated battery, which involves the use of a deadly weapon or battery against someone who knew or should have known that the victim was pregnant, is a second-degree felony, which carries up to 15 years in prison or probation, plus up to $10,000 in fines.

Sexual Battery

Sexual battery is another term for “rape” in Florida law—the two terms are synonymous, and refer to someone forcing a victim to engage in sexual intercourse against the victim’s will, or engaging in sexual activity with someone who is unable to give consent. This is considered a sex crime, but often has violent elements to the offense.

Depending on the circumstances of the offense, the penalties can range as high as a life felony, which means you’ll face up to life in prison (not to exceed 40 years) with no chance of parole or probation.

Get help with your charges by contacting Hager & Schwartz, P.A. and let our team fight for you!

Client Testimonies

  • I will be forever grateful.

    “I cannot thank you enough for what you have done for me. I realize you are and to know that you took this time to help me when I needed you the most is just amazing. I will be forever grateful.”

    - B. D.
  • Couldn't have done it without him!

    “John Hager went above and beyond!! He was very understanding and sympathetic to my situation and helped me get through everything without me having to panic. I never waited for a phone call back nor ...”

    - Erika
  • I strongly recommend John Hager.

    “I strongly recommend John Hager. He was very professional since our first meeting until my case was declined. Not only he gave me his professional advice, but walked me step by step on all possible ...”

    - Sara
  • So grateful to have found Brett Schwartz!

    “I knew in the few minutes in speaking with Brett that he was the right attorney for my Domestic Violence case. He put me at ease immediately and got the ball rolling to rectify the issue. He kept me ...”

    - Rachel
  • Thank you from the bottom of our hearts.

    “We hired Brett Schwartz to defend my son who was facing false but extremely serious allegations of rape, sexual assault, domestic violence and a protective order against his eight year old son. He had ...”

    - Beverley

Real Results

  • Case Dismissed Aggravated Battery
  • Case Dismissed Aggravated Battery
  • Case and Injunction Dismissed Aggravated Battery & Domestic Violence Injunction
  • Case Dropped Aggravated Battery/Armed Burglary with Battery
  • No Jail/Prison Time Aggravated Stalking
  • Case Dismissed Armed Robbery with Firearm
  • Case Dismissed Battery on the Elderly
  • Case Dismissed Battery/Domestic Violence
  • Expunged Battery/Domestic Violence
  • Minimum Mandatory Sentences Waived Cocaine Trafficking

Why Choose Hager & Schwartz, P.A.?

  • Highlighted by SuperLawyers from years 2016-2019.
  • Top-rated lawyers fighting on your behalf.
  • Former prosecutors handling your defense.
  • Decades of legal experience on your side.
  • Available 24/7, including weekends.
  • Free initial consultation with an attorney.

Plan Your Defense

  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.