Contesting an allegation that you criminally assaulted someone is a complicated process. For one thing, “assault” is a distinct charge from “battery,” even though it is often treated colloquially as the same offense. Also, proving that your actions did not constitute assault as defined under state law can require extensive evidence compiled into a comprehensive and compelling case.
Our award-winning defense attorneys at Rossen Law Firm are here to guide each step of this process and provide you with the support you need. Representation from a Pembroke Pines assault lawyer can substantially improve your chances of achieving a favorable result in your case and avoiding long-term criminal and personal repercussions.
According to Florida Statutes § 784.011, a person commits criminal assault if they intentionally and unlawfully threaten someone else with violence, if they have an apparent ability to make good on the threat, and if the targeted individual has a “well-founded fear” that they are in imminent physical danger. Threats may involve someone’s words and/or implicitly through their action. Unlike battery charges, assault does not require any proof of physical contact between the two people.
Someone convicted of “simple assault” as defined under this statute may face penalties commensurate with a second-degree misdemeanor, which could include 60 days of jail time and a $500 fine maximum. However, assaulting someone else “in furtherance of a riot,” is considered a first-degree misdemeanor. This offense is punishable upon conviction by a maximum year-long jail sentence and/or $1,000 fine. An expert local assault attorney can explain what constitutes a misdemeanor assault during your free strategy session.
Aggravated assault is a third-degree felony offense that carries, upon conviction, a maximum prison term of five years and/or a maximum fine of $5,000. Under Fla. Stat. § 784.021, someone who commits assault while possessing a deadly weapon or with the intention of committing any felony offense has committed aggravated assault.
There are also various circumstances where someone charged with assault or aggravated assault may face enhanced penalties. One of these circumstances considers certain protected classes and people. Under state law, aggravated assault against any of the following people is considered a second-degree felony:
Finally, anyone who assaults someone while committing a burglary may be prosecuted under Fla. Stat. § 810.02 for a first-degree felony. This charge may carry the risk of life imprisonment, so it is essential to work with Rossen Law Firm where you’ll find the best Pembroke Pines assault attorneys to protect your rights and your future.
The severity of an assault charge can change drastically based on the unique circumstances of your case. Making sense of assault laws and the punishments they carry upon conviction can be nearly impossible to manage without legal help. Fortunately, support is available from a board-certified Pembroke Pines assault lawyer at Rossen Law Firm.
We believe that no one deserves to have one mistake rewrite their entire future, which is why our expert team is dedicated to fighting for you. Call our office today to get started.
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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