Are you being accused of assault in Orange, Palm Beach, or Broward County, Florida? If so, it is essential you speak to an assault lawyer in Florida to handle your case as soon as possible. Whether you are facing misdemeanor or felony charges for a first-time or a repeat offense, it is imperative that you have an experienced criminal defense attorney working diligently on your side to prove your innocence.
Head of the criminal defense division and partner at Weinstein Legal, assault attorney Matt Shafran has years of experience and is ready to fight your case. Mr. Shafran knows firsthand the tactics that the prosecution will attempt to employ. In fact, he is a former prosecutor himself, which places him uniquely one step ahead of the game. Do not take the chance of facing the courts alone when you receive charges for assault. You have too much to lose.
If you require the defense of an assault lawyer, contact Weinstein Legal today. We will provide you with an entirely free case evaluation without any obligation to review possible outcomes and next steps. Call 954-845-0505 now and ask to speak with attorney Matt Shafran.
Assault Defined by Florida Law
Florida Statute §784.011 outlines the legal definition of assault in the state. The legislature states that "An 'assault' is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent."
Additionally, the statute states that the crime of simple assault is a second-degree misdemeanor criminal offense. However, there are extenuating circumstances that can lead the prosecution to upgrade your charges to a more severe classification.
Felony Assault in Florida
Felony, or aggravated assault, is the most common upgraded classification, and it is also referred to as assault with a deadly weapon. This is a third-degree felony charge, and prosecutors use this charge when there is a gun, firearm, or other weapon such as a knife present during the event.
Additionally, it is important to understand that in the state of Florida, a simple assault charge may be reclassified as a felony assault if the act takes place while another felony crime is taking place. This means that, for example, should you assault a person while in the act of committing a burglary, the charge may be a felony regardless of the severity of the assault itself.
Felony charges are particularly serious and have the most severe consequences and penalties. If you receive charges for aggravated / felony assault or assault with a deadly weapon, contact Weinstein Legal and ask to speak with assault attorney Matt Shafran immediately to begin building your defense.
Assault vs. Battery
Many individuals assume that assault and battery charges are one and the same and may be surprised to learn that they are separate offenses with their own penalties. You may receive assault charges and battery charges simultaneously, or one without the other. For this reason, it is essential to understand the differences between the two offenses.
Assault does not need to include a physical attack on another person. Instead, it is the act of making threats in a way that another individual believes they may be in imminent harm. It is the act of causing a real and authentic perception of danger and causing another individual to be fearful that they may become a victim of violence.
This includes acts such as throwing objects across a room or at a wall, swinging or raising a fist without striking another individual, making verbal threats, threatening hand gestures that imply violence, and more. Many people are surprised to learn they can receive criminal charges for these actions even when no physical attack on another person takes place. Battery is most often the completion of said assault, the carry-through and execution of the threat.
Penalties for Assault Charges in Florida
Possible penalties for an assault conviction in the state of Florida will vary based on the severity of the crime: is it a misdemeanor or a felony charge? Additionally, other factors will be taken into consideration, such as your past criminal history, whether you currently pose a danger to any other individuals, and more.
If you are currently on probation or parole for another crime, an assault charge may cause you to violate those terms of release and therefore bring additional penalties as well. Furthermore, if you are facing charges for an assault that takes place with another crime (such as a burglary or endangering the welfare of a minor), this will also affect your sentencing. Speak with an assault lawyer today to see what potential consequences you may face and to discuss the possibility of getting your charges reduced or dismissed.
Penalties for a second-degree misdemeanor simple assault charge:
- Up to sixty days in jail and / or up to six months of probation
- Up to $500 in fines
- A court mandate to undergo therapy or anger management counseling
- A restraining order or order of protection on behalf of the victim
- A court mandate to pay restitution to the victim
- And more
Penalties for a third-degree felony aggravated assault charge:
- Up to five years in prison and / or up to five years of probation
- Up to $5,000 in fines
- A court mandate to undergo therapy or anger management counseling
- A restraining order or order of protection on behalf of the victim
- A court mandate to pay restitution to the victim
- A court order to forfeit ownership and control of any guns or weapons
- Temporary loss of your voting rights
- The loss of certain professional licenses
- And more
Additionally, convicted felons often have difficulty finding housing and employment as a violent charge will appear on any background check. Many employers, landlords, and HOAs have policies against hiring or housing felons, which can lead to many challenges for years to come. Due to the severity of these penalties, it is essential that you contact an assault attorney today.
