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Being accused of assaulting another person can sometimes be a confusing experience, especially since, under Florida state law, you can “assault” someone without ever actually touching them. Make no mistake, though: state courts take assault extremely seriously, and if you are not thoroughly prepared to defend your rights and best interests in the face of this kind of allegation, you may find yourself facing life-changing criminal sanctions.

Assistance from an expert Kendall assault lawyer can be crucial to handling this sort of case in the most proactive way possible. From beginning to end of your legal proceedings, our dedicated defense attorneys at Rossen Law Firm will ensure you understand all your options and work diligently to pursue the most favorable resolution possible for your charges so you can achieve your best future.

How State Law Differentiates Between “Assault” and “Battery”

While some states treat “assault” and “battery” essentially as synonyms in terms of criminal charges stemming from a threatening encounter with another person, Florida defines them as two separate criminal charges with related but distinct definitions. In a nutshell, “assaulting” someone in Kendall involves making a physical or verbal threat which causes that person to experience genuine fear that they are about to be physically injured, whereas “battery” is the act of actually striking or touching someone else without their permission and generally with intent to cause them harm.

Under Florida Statutes §784.011, someone who assaults another person without also committing battery against them may face penalties for a second-degree misdemeanor. This could mean a maximum 60-day jail term, as well as a $500 fine. Notably, though, anyone who commits assault “in furtherance of a riot” may have their charge upgraded to a first-degree misdemeanor punishable by up to a year of jail time and/or a $1,000 fine. Our award-winning Kendall assault attorneys can help build a comprehensive defense against either type of simple assault charge.

When Does Assault Become a Felony?

There are a few circumstances under which a simple assault can be upgraded to “aggravated assault,” which is classified under Florida state law as a felony offense. Specifically, Fla. Stat. §784.021 states that someone commits aggravated assault if they commit a simple assault either with the intent to commit a felony offense of any kind, or while using a deadly weapon without any intent to cause fatal harm. Again, you do not necessarily have to make physical contact with another person or actually cause injury to be charged with and convicted of aggravated assault.

As an assault lawyer can affirm, this offense is typically a felony in the third degree in Kendall. Someone convicted of aggravated assault will typically face a maximum prison term of five years and a potential maximum fine of $5,000. As with simple assault, though, committing aggravated assault in furtherance of a riot upgrades the severity of the ensuing criminal case—in this case, to a second-degree felony punishable after a conviction by up to 15 years’ imprisonment and a possible $10,000 fine.

Speak With an Expert Kendall Assault Attorney About Your Case

Fighting back against assault charges can be a complicated process, especially if this is not your first time facing criminal allegations. Even if you have no criminal record of any kind, though, representation from experienced legal counsel is crucial to achieving the best possible case result.

At Rossen Law Firm, we know that these charges often arise from mistakes and misunderstandings. We believe that everyone deserves a strong defense, regardless of your charge. A conversation with a Kendall assault lawyer at our firm can offer you confidence and clarity about your next steps. Call us to schedule your strategy session with a member of our team today.

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kevin tabronkevin tabron
00:07 08 Sep 22
In one of the most stressful times in my life, Rossen Law Firm was there for me. Leaving no stone unturned they provided patience and knowledge in every detail of my case. I’m very thankful and proud of this law firm family and especially of my lawyer, Scott Simmons for guiding, defending and helping me in every way possible. He and this law firm family come highly recommended from personal experience!!!
Jason HigleyJason Higley
15:24 26 Aug 22
I had an unfortunate situation with a family member that lead to my arrest and being charged with DV Battery. This was the first time I had ever been arrested so I was very nervous and afraid of what was going to happen to me. After talking with Adam I decided to retain him and let me tell you this was the BEST decision I could have ever made. Adam made me feel so comfortable and confident that everything will turn out the best in my favor. He is professional, ethical and supportive. He was always available too answer any questions or concerns.Not to mention, his team at the office is awesome they are so friendly and welcoming. Anytime I had a question when I called the office they were able to guide me in the rightdirection. They always were in contact with me with any information or updates regarding my case. Adams team is GREAT!Adam delivered, my case was DISMISSED. So if you want an attorney the is gonna fight for you and get the job done retain the BEST there is Adam Rossen!!!
Felix I HFelix I H
13:27 28 Jul 22
Adam Rossen and the team at Rossen Law took great care in handling my case. They are very professional, and get the job done. I was particular relieved to see just how much empathy they showed with me, and how effortless it was to be their client.I literally visited them twice. My initial consultation, and then to pickup the final docs. I have nothing but great things to say about these folks, and I would highly recommend them to anyone. Thanks Guys.
Terry ChristopherTerry Christopher
12:32 09 May 22
I had an amazing experience with The Rossen Law Firm. The staff were very professional. Attorney Susan Lawson went above and beyond working on my case. We were thoroughly prepared for trial. Mrs. Lawson reviewed hours of body and dash camera footage multiple times and aggressively performed depositions on witnesses and law enforcement.The final outcome for me was the state dropped my case, due to the great work Susan and the Rossen team performed. I didn’t even need to go to trial.This law firm does not play around. They pay attention to detail and they FIGHT FOR YOU!Thank you Adam, team, and a special thank you to Susan for your amazing work! I really appreciate you.
Ketiana ProvinceKetiana Province
20:27 23 Mar 22
My experience with Rossen Law Firm was excellent. From the consultation to the end.. My attorney Susan Lawson gave my son's case all the time and attention that was needed to be successful in court. She was confident during all the court proceedings. My favorite part was when she said we are family, never once my son and I were treated other then that. I very much appreciate the knowledge and support I received through Rossen Law Firm.
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Rossen Law Firm’s legal team understands what’s at stake when you’re charged with a crime in South Florida. We’re committed to defending you and protecting your rights. Our legal team is ready to create a customized strategy for your case to fight for the best possible outcome. We handle Criminal, DUI, Federal, Domestic Violence, Marchman Act & Baker Act cases, and more.

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