Being accused of assault can be incredibly frustrating and confusing, especially because you can be charged even if you never physically touched the person. You might find yourself facing serious consequences in court if you are not prepared to effectively defend yourself against assault allegations.
If you are facing charges of simple or aggravated assault, you should speak with an expert defense attorney sooner rather than later. A Sunrise assault lawyer from Rossen Law Firm can help you enforce your legal rights, build the strongest possible defense for your specific situation, and pursue a favorable final case result, no matter what led to you being arrested in the first place.
Although the two terms are often used interchangeably by people outside the legal profession, “assault” and “battery” are actually two distinct crimes under Florida state law. As per Florida Statutes §784.011, someone assaults another person if they intentionally threaten violence and/or physical harm against that person, seem to have the ability to actually cause harm under the circumstances, and do something to make that other person reasonably afraid that they are in imminent danger. Battery, according to Fla. Stat. §784.03, involves intentionally injuring someone by striking or touching them.
This distinction is important because it differentiates the threat of force from the actual application of force. Someone who threatens to harm another person and then actually does harm them could be charged with assault and battery under state law, while a threat of force without any force actually being used or any injury occurring is just simple assault. As a skilled Sunrise assault attorney can affirm, both offenses are misdemeanors, but a first offense of assault is a less severe second-degree misdemeanor, while a first offense for battery is a first-degree misdemeanor.
There are various circumstances that could lead to an assault charge, battery charge, or combination of both being prosecuted more severely than a first-time offense of simple assault/battery would typically be. For example, anyone who commits either crime “in furtherance of a riot” may have the severity of their offense increased by one degree, meaning simple assault would become a first-degree misdemeanor and simple battery would become a third-degree felony.
Likewise, anyone who commits assault with intent to also commit a felony or while possessing a deadly weapon without intent to kill has committed aggravated assault under Fla. Stat. §784.021. This is a third-degree felony, even for first-time offenders. Battery charges may also be prosecuted more harshly under Fla. Stat. §784.045 if the defendant uses a deadly weapon and/or intentionally causes severe bodily harm or leaves the targeted person permanently disfigured or disabled. Support from a top defense lawyer can be especially crucial to fighting these kinds of assault charges effectively in Sunrise.
Assault charges can be difficult to fight, especially if they are considered serious enough to warrant felony-level punishments upon conviction. Fortunately, there is assistance available from capable and dependable legal professionals who have helped countless people like you get through situations like yours in the past.
At Rossen Law Firm, we have extensive experience defending against all kinds of assault charges. We believe that everyone deserves a second chance, and we will fight hard to protect your livelihood and your future. Schedule your free strategy session with a Sunrise assault lawyer today to learn more about what we can do for you.
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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