What is Assault?
Assault is the intentional threatening of another person, along with the present apparent ability to carry out the threat at the exact time the threat is made and the threat must create a well-founded fear that violence is imminent. Circumstances that may increase the penalty for an assault conviction are if the alleged victim is a family member, spouse or other type of domestic relationship, the use of a deadly weapon or firearm during the time of the assault.
If you have been arrested or charged with Assault in Broward, Palm Beach or Miami, you need to speak with a criminal defense attorney as soon as possible.
What penalties could I be facing?
Florida Statute 784.011 Governs Assault Charges. A simple assault is classified as a second degree misdemeanor,
If convicted of Assault, a judge can sentence on Assault to:
- up to 60 days in jail.
- Up to 6 months of probation.
- $500.00 in fines
- Court Costs
Assault cases are prosecuted in County Court. County Court prosecutors handle Traffic cases, DUI’s, and petit theft crimes. To a County Court prosecutor, an Assault charge is extremely serious because it involves something allegedly done directly to another person by way of a violent threat, rather than to a company (Theft) or a minor traffic offense. County Court prosecutors often seek increased penalties on assault charges.
What are possible defenses?
A condition threat is a threat to do some type of harm or violence at an future time. Making a threat to harm someone tomorrow would not constitute Assault because the violence is not imminent.
If the intended victim did not believe that they were in any actual imminent danger, or that the intended did not believe that the defendant would or could follow through on the threat, the harm may be considered unreasonable because the intended victim did not genuinely fear that the harm was imminent.
You could be facing very serious consequences for a charge of Assault. To get started on building a strong and aggressive defense for you, contact our firm right away.
Contact a Broward County, Miami, and Palm Beach Assault Defense Attorney
If you have been charged with Assault in Broward Palm Beach or Miami, it is important to make sure that your rights are protected throughout the entire criminal process from arrest through trial. Grant Schwarz, at the Law office of Dell & Schaefer has the skills needed to protect you in and out of court related to your assault charges.