Florida Statute 784.011 defines Assault as
an intentional,
unlawful threat by word or act to do violence to
the person of another, 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.
Advocate Law Firm,
P.A.,
provides you with an experienced Assault Defense attorney (lawyer)
legal representation in Lakeland, Winter Haven, Bartow, Polk
County, Orange County, Osceola County, Hillsborough County, and Highlands County, Florida. We are committed to
protecting the legal rights of each and every client, while
striving to always
provide
the highest standard of legal
representation.
Speak to an experienced and
aggressive Assault Defense attorney today by calling
863.644.5566
or
by using our
online case evaluation form.
Advocate Law Firm,
P.A., is hear to aggressively fight for you
in an effort to help you achieve your legal needs
and goals.
In order for the
prosecution to obtain a conviction for assault,
they 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.
While any form of Assault may be aggressively
prosecuted, Aggravated Assault may be considered
a violent crime depending on the evidence
gathered against you. Violent Felony Crimes are
subject to the Three Strikes Law
which requires a
judge to impose terms ranging from five years to
life in state prison depending upon the severity
of the crime.
When charged with an
Assault or Aggravated Assault Crime it is important to be made fully aware of your legal
rights, defense strategies, and to have aggressive,
detailed, and dedicated criminal defense legal
representation in your corner. Hiring an
experienced assault charge defense attorney may
provide you the best opportunity to achieve your desired
outcome, or a fair and reasonable resolution.
