Legal Question in Criminal Law in Florida

Assault with Weapon Charge

I was arrested on 12/23/03 and charged with Assault (Felony). I have not recieved a court date or any information from the state or a public defender. My question is, How long does the state have to send me a court date before legally they have to throw it out? And also, can they legally charge me with that charge if theperson states that I did not hit them, but they are stating that I tried to hit them? Please contact me via e-mail at [email protected] or by phone at 813 989-3210. Thanks!


Asked on 3/01/04, 10:12 am

1 Answer from Attorneys
Dan Akes C. Daniel Akes, Attorney at Law

Re: Assault with Weapon Charge

1. The speedy trial rule requires that the state has 180 days to bring you to trial after your arrest for a felony and 90 days for a misdemeanor. The state can file an information any time up to the statute of limitations on the crime, but if it waits past the speedy time period, you can usually have the case dismissed with the proper motion.

2. Trying to hit someone is assault. Actually hitting someone is battery.

3. Assault is a misdemeanor unless it is done with a deadly weapon or with the intent to commit a felony.

Dan

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Answered on 3/01/04, 6:04 pm


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