Assault is a violent crime, and Florida law treats it as a serious offense. Yet the law isn’t always easy to understand. For instance, you don’t actually have to lay hands on anyone to be convicted of assault; simply making a threat is enough to get you charged. Below, we examine some of the important elements of Florida assault charges. The first step in defending yourself is understanding exactly what you’re up against. Our Fort Lauderdale assault lawyers are here to assist.
Assault vs. Battery
Florida law draws a clear distinction between assault and battery. Assault refers to the threat of physical violence; battery refers to actual physical violence. Of course, these two terms are often linked. That’s because, in many cases, a person who threatens violence ultimately follows through on that threat.
However, you don’t have to have committed both assault and battery to be convicted of a crime. The threat alone can be enough. Assault, which Florida law addresses under statute 784.011, involves three components:
- An intentional, unlawful threat by word or act to do violence to the person of another
- An apparent ability to commit violence
- Committing an act that creates a well-founded fear in the other person that such violence is imminent
When all three components are present, you can be convicted on Fort Lauderdale assault charges, even if you never actually followed through on your threat. In fact, under Florida law, assault is considered a “violent” offense. If you’ve been accused of Florida assault charges, you need the services of a proven and experienced criminal lawyer.
Penalties for Simple Assault
Simple assault convictions are treated as second-degree misdemeanors and carry a sentence of up to 60 days in jail and/or fines of up to $500. Of course, the exact sentence you receive will depend on a number of factors having to do with the specifics of your case. Even if you receive no jail time or fines, an assault conviction can have serious repercussions. Criminal convictions of any kind can remain on your record forever, and in these days of electronic background checks, that can make it difficult to get a job or even find a place to live.
Aggravated Assault Is a Felony
If a prosecutor can show that you had a deadly weapon on your person when you made your threat, a simple assault charge can turn into an aggravated assault charge. A second-degree misdemeanor is serious enough, but an aggravated assault charge is a third-degree felony. That means it is punishable by up to five years in prison, five years of probation, and/or a $5,000 fine. In addition, an Florida assault charges are considered aggravated if it occurs with the intent to commit another felony.
Defenses Your Assault Lawyer Will Consider
As with any crime, there are a number of legitimate defenses to Fort Lauderdale assault charges. Many of these have to do with the law itself and how it is worded. Again, assault involves three separate components, and to win a conviction, a prosecutor must prove all of the following:
- You made a threat.
- You had the ability to act on that threat.
- You took some action that convinced the alleged victim you were about to act on the threat.
A defense might take aim at any of these three:
- You might argue, for instance, that your threat was vague or was not intended to be serious, so it did not constitute an actual threat.
- You might argue that you didn’t actually have the means or capacity to follow through on the threat, that it was essentially a “hollow” threat.
- You might argue that you didn’t take any action that signaled you were about to follow through on your threat.
In addition, these crimes often come down to one person’s word against another. As our Fort Lauderdale assault lawyer is constantly reminding his clients, that means the charge is open to a number of other possible defense strategies:
- The accusation is entirely false.
- The accusation is the result of mistaken identity.
- The alleged victim provoked you.
- You made the threat as a means of self-defense.
What to Do If You’re Charged with Assault
The prospect of being charged with assault can be overwhelming, but it’s important to stay calm. The following steps can put you in the best possible position to defend yourself against assault charges.
Remain Silent and Avoid Discussing the Case
Many assault cases are built on statements made by the accused after an arrest. The reality is that you aren’t obligated to talk to the police about your case, and saying anything about it will only hurt you. After an arrest, the safest approach is to exercise the right to remain silent and avoid discussing the allegations with law enforcement, witnesses, or anyone else involved in the case.
Social media presents similar risks. Not only should you avoid talking directly with police about your arrest, but avoid discussing it online where prosecutors might be able to see your statement and hold it against you.
Follow All Court Orders
Judges frequently impose conditions of release after an assault arrest. These conditions may include travel restrictions, no-contact orders, or requirements to appear at future court hearings. If you don’t comply with these rules, you could find yourself facing additional consequences.
Preserve Evidence
Important evidence can disappear quickly after an alleged assault. Surveillance footage may be erased and witnesses may become difficult to locate, so it’s important to start building your defense right away. The sooner evidence is identified and preserved, the greater your chances of using it to your advantage.
Why Hire a Fort Lauderdale Lawyer for an Assault Defense?
Many people assume an assault case will be resolved simply by explaining their side of the story. Unfortunately, the criminal justice system rarely works that way. When you represent yourself in you court, you’re putting yourself at a disadvantage in a system that’s already stacked against you.
Your attorney can conduct an investigation into what happened, potentially building a winning defense along the way. Each case is unique, making it crucial for your lawyer to have a clear grasp on the facts. With the right strategy, your attorney could have your charges dismissed or even potentially win at trial.
Lawyers also handle negotiations with prosecutors. Some cases can be resolved through reduced charge or diversion programs, and your attorney can improve your chances of getting one of these outcomes.
Trial is where the support of skilled legal counsel matters the most. The rules of evidence are complex, and attempting to go to trial on your own can lead to having your case dismantled through avoidable errors. Having an attorney like Robert Malove counseling you every step of the way is crucial to your success.
Other Assault Charges Under Florida Law
Simple assault is only one offense prosecutors may pursue. Depending on the facts of the case, Florida law allows prosecutors to file more serious assault-related charges.
Aggravated Assault
Florida law defines aggravated assault as an assault committed with a deadly weapon without intent to kill, or an assault committed while intending to commit a felony. Unlike simple assault, aggravated assault is a felony offense and carries substantially greater penalties.
Assault on a Law Enforcement Officer
When the alleged victim is a law enforcement officer, firefighter, emergency medical worker, or certain other protected public servants performing official duties, prosecutors may seek enhanced penalties.
Assault on a Person Over 65
The law also provides enhanced penalties in certain situations involving older victims. If an assault is committed in Fort Lauderdale against a person who is 65 years of age or older, prosecutors may pursue steeper penalties upon a conviction.
Assault in Connection With Domestic Violence Allegations
An assault allegation involving current or former spouses, dating partners, family members, or household members may trigger domestic violence proceedings. These domestic cases not only have the potential for steeper penalties, but there is also the social stigma to consider as well.
Contact Our Fort Lauderdale Assault Lawyer for a Free Consultation
Board-certified criminal trial attorney Robert David Malove defends all types of criminal charges throughout Florida, from misdemeanor traffic offenses to violent felonies. We offer free consultations and affordable payment plans to make justice accessible to everyone. Contact us online or call us today to have our criminal defense attorney explain your options at no cost.
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