Fort Lauderdale Assault Lawyer
If you’re facing assault charges in Broward County, Florida, it can be a daunting experience. Florida takes these charges seriously, and the severity of the offense can even result in a felony charge. It’s crucial to know what to expect and where to turn for help.
The Fort Lauderdale assault lawyers at Meltzer & Bell will make you their top priority. We can help you navigate your assault case, uncover potential charges and penalties, and build your defense. Reach out for a free consultation as soon as possible.
As you face legal action, it’s important to understand your options and rights. In this article, we’ll examine the nuances of assault and aggravated assault charges in Florida, outlining the potential consequences of a conviction and the legal avenues available to you.
Armed with a better understanding of the legal process, you’ll be better equipped to navigate the complexities of assault and battery charges in Florida.
What Is Assault Under Florida Law?
Assault is a criminal offense in the state of Florida that involves an intentional threat of violence towards another person.
According to Florida Code 784, Section 011, an assault occurs when someone makes an intentional, unlawful threat through words or actions to harm another individual, while simultaneously having the ability to carry out that threat. This threat can be physical or verbal, and it must create a sense of fear in the victim that they are in imminent danger of harm.
Assault vs. Battery
Battery is a criminal offense under Florida law, defined in section 784.03 of the Florida Code. A person commits an act of battery when intentionally touching or striking another person against their will or intentionally causing bodily harm to another person.
Although the terms are often used interchangeably, assault and battery are two separate offenses:
- Assault involves threatening to cause harm to another person, along with the apparent ability to do so, thus causing the victim to fear violence.
- Battery involves intentionally touching or striking another person against their will.
The key difference is that while an assault charge involves threatened violence, battery occurs when actual physical harm is made.
Is It Simple Assault or Aggravated Assault?
The use of a weapon or intent to commit a more serious crime is what distinguishes aggravated and simple assault as separate offenses.
Assault is an intentional, unlawful threat of violence towards another person through words or actions that creates a well-founded fear in the victim that the violence is an imminent threat. On the other hand, assault is considered aggravated when it is committed with a deadly weapon or with the intent to commit a felony.
What Are the Charges for Assault in Florida?
Assault charges in Florida can vary depending on the details of the case.
Simple assault is usually classified as a second-degree misdemeanor, which can result in penalties that include fines and up to 60 days in jail. However, if the assault occurs in the context of a riot or aggravated riot, it can be considered a first-degree misdemeanor, which carries harsher penalties, including longer jail sentences and more significant fines.
On the other hand, aggravated assault is a more severe offense and is classified as a felony. An aggravated assault charge can result from assaulting someone with a deadly weapon or with the intent to commit a more serious crime. The use of a weapon or the intent to commit a felony distinguishes aggravated assault from simple assault. The legal consequences of aggravated assault can be severe and can include imprisonment, fines, or probation.
If you’re facing criminal charges because of assault in Florida, it’s important to understand the potential legal consequences and your options for defense. Working with an experienced assault attorney can help you navigate the complexities of the legal system and build a strong defense strategy.
Examples of Assault Cases in Florida
Assault is a serious offenses in Florida and can carry severe legal consequences. The following are examples of recent cases in Florida:
- A man was arrested and charged with aggravated assault after he allegedly pointed a handgun at a woman during a road rage incident in Orlando.
- A man was charged with assault after he allegedly threw a bottle at a woman and threatened to kill her at a hotel in West Palm Beach.
- A man was charged with aggravated assault after he allegedly threatened his neighbor with a machete during a physical attack in Miami.
These examples demonstrate the serious nature of assault and battery cases in Florida. If you are facing serious assault and battery charges, it is essential to work with an experienced attorney who can help you build a strong defense strategy.
Factors Your Attorney Will Explore in Your Assault Case
The state of Florida takes assault and battery cases seriously, and a conviction can have severe penalties. You may be ordered to pay restitution, fines, or punitive damages. You may also face jail time and a criminal record.
If you are facing an an assault charge or battery charge in Fort Lauderdale, you need an experienced assault attorney who can review your criminal charges and provide you with an informed recommendation of your legal options.
Proving Simple Assault in Florida
Under Florida law, in order to prove the crime of assault, the prosecutor with the State of Florida must prove the following three elements beyond a reasonable doubt:
- The defendant intentionally and unlawfully threatened, either by word or act, to do violence to (victim).
- The defendant, at the time, appeared to have the ability to carry out the threat.
- The defendant’s act created in the mind of victim a well-founded fear that the violence was about to take place.
A victim can be considered “in fear” without actually showing any display of fear if the circumstances would normally induce fear and emotional distress in a reasonable person.
Proving Aggravated Assault With a Deadly Weapon
Under Florida law, for an assault charge to qualify as aggravated, the prosecutor must prove the elements of misdemeanor assault, plus a fourth element:
- The assault was made with a deadly weapon; or
- The assault was made with a fully-formed, conscious intent to commit the felony charged upon the alleged victim.
The term “deadly weapon” means a weapon that was used or threatened to be used in a way likely to produce death or great bodily harm. In an aggravated case of assault, it isn’t necessary for the State to prove that the defendant had an intent to kill.
Defenses for Assault Charges
Assault and battery law aims to protect individuals from violence and intimidation and prevent violent crime from escalating in society, but the law can be complex.
Several defenses can be used to fight off assault and battery charges in Florida, including self-defense. If you acted in self-defense, in defense of property, or to protect a family member, your attorney can argue that your actions were necessary to protect yourself or others from harm.
Other factors that a Fort Lauderdale assault lawyer might use in your defense include mistaken identity, lack of intent, or false accusations. For example, if the alleged victim falsely accused you battery assault or if there is insufficient evidence to prove that you had the intent to commit the crime, your attorney can argue for a dismissal of the charges.
Let a Fort Lauderdale Assault Lawyer at Meltzer & Bell Help You
Anyone accused of assault, battery, or domestic violence should seek legal assistance for a free consultation — an experienced Fort Lauderdale assault and battery lawyer can help you navigate complex cases in the criminal justice system and potentially mitigate the penalties you may face.
The attorneys at Meltzer & Bell represent clients charged with a variety of violent crimes involving allegations of assault, including third degree felony, criminal charges, and first and second degree misdemeanor cases.
Contact a Fort Lauderdale assault lawyer to discuss the charges against you, ways to avoid penalties, and the most effective ways to fight for a dismissal of charges. Let us help you begin building a defense in your criminal case. Call (954) 765-6585 to schedule your free case evaluation today.
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