An assault charge can leave you wondering what happens next. Will you have to go to jail? Will the case go to trial? Can you reduce the charge? The answers depend on the facts, the specific charge and how the case moves through court.
The court reviews the charge
Florida law treats assault and aggravated assault as separate offenses. A basic assault generally involves an intentional threat of violence that causes another person to reasonably fear immediate harm. Aggravated assault involves additional circumstances, such as an alleged threat involving a deadly weapon or an intent to commit a felony. This more serious offense can carry felony penalties.
After an arrest, the court addresses your release from custody and any conditions you must follow while your case continues. Those conditions may restrict contact with the alleged victim or other people.
What happens during the case?
After an assault charge is filed, the case generally moves through several stages. Each stage gives the prosecution and defense an opportunity to address the allegations, evidence and legal issues involved. The process may include:
- First appearance: The judge addresses your custody status and explains any conditions for your release.
- Arraignment: The court formally presents the charge, and you enter a plea.
- Pretrial proceedings: The prosecution and defense review evidence, address legal issues and discuss possible resolutions.
- Trial: If the case continues to trial, the prosecution presents evidence to prove the charge. The defense can challenge that evidence and present evidence when appropriate.
- Sentencing: If you plead guilty, enter a plea that results in a conviction or receive a guilty verdict, the judge determines the sentence.
The facts can affect the outcome
An assault case does not always end with a conviction. The evidence may raise questions about what happened, who started the confrontation, whether a threat occurred or whether the prosecution can prove every required element. The circumstances can also determine whether the case involves a misdemeanor or felony, and what penalties may apply.
Understanding each stage can help you make informed decisions as your case moves forward. If you face an assault charge, keep track of court dates and release conditions. Make sure you understand the charge and the options available in your circumstances.