Florida Statute 784.011 defines Assault as an intentional, unlawful threat by word or act to do violence, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent. Assault is a misdemeanor of the second degree, which is punishable by up to a $500 fine, sixty (60) days jail and/or 6 months probation. An Assault charge is commonly referred to as Simple Assault.
A variation of Criminal Assault is Aggravated Assault. Aggravated Assault involves the use of a deadly weapon without the intent to kill and/or the intent to commit a felony crime. Aggravated Assault is a felony of the third degree, which is punishable by up to a $5,000 fine, five (5) years prison and/or probation.
Many people are wrongfully accused and charged with Simple Assault due to the subjective nature of determining what the accused intent was. If you are accused of, arrested, and/or charged with Criminal Assault, it is important that you seek experienced legal counsel to ensure you are made fully aware of your legal rights and options.
In order for the prosecution to obtain a conviction for assault, it must prove that the accused had intent to commit the assault. Often times an alleged claim of assault arises after a disagreement or argument between two or more individuals. Assault does not involve physical contact and is subject to one person’s perception of the incident relating to their own safety.
It is important that you show that, regardless of the perception of the other party, at the time of the incident in question you had no intent to inflict harm to anyone present at the scene.
When a deadly weapon or firearm is present during the altercation, or in your possession after the altercation, the subjective nature of the case may be dramatically reduced and may require a different defense strategy which best represents your claim of innocence.
As your legal counsel, we will thoroughly review the evidence against you, witness statements, police reports, and any other relevant factors, such as the circumstances of your arrest and the actions of law enforcement officers. If there are areas to provide reasonable doubt, our goal is to find and present them to the prosecutor, judge and/or jury.
If you have been arrested and charged with an assault crime, seek the legal advice and representation of an experienced assault defense attorney. At The Law Offices of Peter A. Shapiro & Jonathan D. Wilson you will work with an experienced lawyer who is dedicated to protecting the rights of individuals charged with criminal assault or any other additional criminal charges throughout the Central Florida area and its surrounding counties.
Call 407.420.1044 to discuss your legal rights, options, and potential assault crime defense strategies. You may also contact us by filling out our online case evaluation form.