“Simple assault” also known as “misdemeanor assault” is one of the most common criminal offenses our South Florida practice defends.
It’s also one of the most common charges filed against innocent people.
Actual physical harm doesn’t have to occur for an assault charge to be filed. The charge can result from attempted or threatened physical harm or violence – any threat or act that places a person in fear for their safety may cause an arrest. Florida law defines “assault” as an intentional, unlawful threat by word or act to do violence to a person, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear that violence is imminent.
“Simple assault” is classified as a second degree misdemeanor in Florida and the maximum sentence that may be imposed upon conviction is a term of imprisonment, not exceeding 60 days in the county jail, along with a fine of up to $500.
Florida law defines an aggravated assault as an assault with a deadly weapon, without intent to kill, or an assault with the intent to commit a felony. Merely pointing a firearm at an individual or picking up a weapon to defend oneself can lead to an aggravated assault charge.
The offense of aggravated assault is a third degree felony punishable by a maximum term of five years imprisonment and up to a $5,000 fine. Both the Florida legislature and Florida courts take this offense seriously and up until July 2017, the offense of aggravated assault with a firearm carried a minimum mandatory three-year prison sentence.
A conviction for assault has profound legal and personal consequences. Your freedom and reputation are on the line. Depending upon the severity of the charge, a conviction can result in high dollar fines and, in some cases, significant imprisonment. It can also impact your ability to have the career you always wanted, limit your ability to keep your current job or to get any job at all. It can devastate your reputation and prevent you from pursuing higher education or owning a firearm.
Because the stakes are so high, defending an assault charge requires an aggressive defense strategy. It involves listening closely to your side of the story. If you were defending yourself, or if your actions were otherwise legally justified, you need an aggressive attorney to bring your defense to the attention of the prosecutor and ultimately to a jury if the charges are not dismissed.
During representation of your case, we inform you of your legal rights and options. We thoroughly and carefully investigate your case to discover all the facts and uncover the inherent weaknesses in the prosecution’s case. We are not intimidated by the prosecutor or by the courts. We partner with you every step of the way to develop a winning defensive strategy.
Our law firm has a proven track record and we will provide you with an aggressive and skilled representation whether here upon the Treasure Coast or across the state of Florida.
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