An assault allegation can be harmful to your reputation, business, and relationships. Unfortunately, because most people and organizations will not want to be associated with someone seen as potentially violent, it can ruin those relationships and lead to unimaginable losses. Worse, you may be at risk of losing your freedom if convicted.
This is why you need an experienced Key West assault lawyer to defend your rights and protect your interests. At The Law Offices of Robert David Malove, our criminal defense attorneys are committed to exploring ways to help you beat those charges, retain or regain your freedom, and establish your innocence.
Understanding Assault Charges in Key West
According to Chapter 784 of the Florida Statutes, assault involves using a threat of imminent violence or bodily harm to scare or intimidate someone. You do not have to be involved in a physical altercation or inflict bodily injury to be charged. Just a mere insinuation of harm is enough for an arrest. Florida recognizes two categories of assault: simple and aggravated.
Simple Assault
This involves a perceived threat of physical danger that makes the person afraid that they may suffer physical injury. There is usually no weapon involved in a simple assault. An example of this is someone raising their hands as if to hit another during an argument or altercation.
Aggravated Assault
This involves the threat of bodily harm, but with a deadly weapon. An example of this is one person grabbing a knife and holding it threateningly or pointing it at another person.
While there is an open or veiled threat of physical harm in both instances, aggravated assault tends to demonstrate a clear intent to harm the victim. These two terms are typically the basis of the prosecution’s case and often contribute to the outcome.
Factors Influencing the Severity of Penalties
Although simple assault is charged as a second-degree misdemeanor, aggravated assault is prosecuted as a felony. This means that the penalty for an assault-related arrest can range from fines to life imprisonment.
Monetary fines for simple assault in Florida are a maximum of $1,000, as well as up to one year in prison. The fines for aggravated assault are usually substantial, in addition to possible lifetime incarceration. The degree of potential punishment that the accused may receive depends on factors such as:
- The extent of the victim’s injuries (if any)
- The accused’s past criminal history
- Whether the accused brandished or used a weapon
- The plaintiff’s status in the eyes of the law, with assault of senior citizens, disabled residents, or police attracting very harsh consequences
An experienced defense is critical, so consult an attorney from our Key West team who can review the details of your assault case.
Possible Defense Strategies for a Key West Assault Case
While it may feel bleak, there is hope. Our skilled Key West lawyers could identify defenses to puncture holes in the prosecution’s arguments, undermine their grounds for the assault charge, or create reasonable doubt in the minds of the jurors.
Common defense strategies may include self-defense, justifying the defendant’s use of force in line with Florida’s Stand Your Ground law (Fla. Stat. 776.013), lack of intent to harm or cause bodily injury, roughhousing activities, or the complainant’s misunderstanding of the situation.
Contact Our Key West Assault Attorneys For Help Today
Sometimes, people misunderstand your actions. They may also be scared of your build or facial expressions, particularly if you have a large frame and a serious expression. Whatever the reason for the assault allegation, you deserve the right to fight for your freedom and innocence.
A Key West assault lawyer at the Law Offices of Robert David Malove could fight aggressively for you and ensure you have a fair chance at a satisfactory outcome. Call our team today to discuss your case.