Florida Assault Lawyer

Facing an arrest for assault can be distressing, but it does not mean you will ultimately be found guilty of the offense. You have the right to raise a defense, and a Florida assault lawyer could help you seek the best possible outcome in your circumstances.

Understanding the details surrounding these allegations is crucial. A dedicated defense attorney from our firm could use the facts of your case to determine the right approach. Reach out today to get started.

Defining Assault

Assault is the act of intentionally making a credible threat of imminent bodily harm. A person is only guilty when the alleged victim genuinely believes they are at immediate risk of harm.

The state must prove three elements to secure a conviction. A prosecutor has to show that the defendant intentionally threatened to commit violence. This threat can be verbal or inferred from someone’s actions. The accused must also appear to have the ability to carry out the threat at the time it is made. Finally, the alleged victim must be placed in reasonable fear of harm based on these threatening words or actions.

The standard version of assault is treated as a second-degree misdemeanor. Anyone convicted of this charge faces a maximum of 60 days in jail and a fine of no more than $500. Depending on the facts of the case, a Florida assault attorney could develop a strategy designed to beat these charges, mitigate the effects of a conviction, or both.

What Is Aggravated Assault?

In addition to basic assault charges, there is also an aggravated version of the offense. When aggravating factors are present, a defendant faces the possibility of steeper penalties after a conviction.

One way for the state to secure a conviction is to prove the defendant used a deadly weapon. There is no need to establish an intent to kill. The law considers someone to have used a deadly weapon just by carrying it in a threatening way or a way that is likely to result in death or injury.

This offense is a third-degree felony. A conviction is punishable by as much as five years in state prison and a maximum fine of $5,000. Our Florida attorneys could help someone facing aggravated assault charges determine the best path forward and advocate for their best interests through every step.

Potential Defenses to Assault Charges

There are a few potential defense strategies available to those facing assault charges. Many of them involve establishing that the state has not met at least one of the elements of assault. For example, a defendant could show that they did not have the ability to carry out the threat in question. Alternatively, they could argue that the alleged target’s fear of harm was unreasonable.

Self-defense is another common approach. Even if all of the elements of the crime are met, a defendant could have a successful outcome if they can show they were defending themselves from an aggressor. This strategy is only an option when the other party initiated the conflict, and the defendant reasonably feared injury. The path a Florida assault attorney takes will depend on the level of charges, the accused’s criminal history, the evidence against them, and other details.

Call a Florida Assault Attorney Today

Facing any criminal allegation is daunting. Police and prosecutors are often not shy about claiming a conviction is all but certain. In reality, you have options for beating the charges or lessening their impact on your future.

Let the team at Price Benowitz advise you on your next steps. Reach out to a Florida assault lawyer right away for a private consultation.