Simple assault is one of the most common criminal charges prosecuted by courts, primarily because of how broadly state law defines the offense. Unlike in many other places, you do not need to cause physical injury to another person or even make physical contact with them for the authorities to convict you of criminal assault. If the court finds you guilty of aggravated assault, you may face prison time and a permanent felony record.
However, you have the right to legal representation after the authorities have charged you with any kind of assault. Do not go to court alone. Reach out to Keys Criminal Defense, PLLC, to consult with an experienced criminal defense attorney who could provide personalized legal guidance. A Key Largo assault lawyer from our firm could fight tirelessly on your behalf to protect your rights and best interests.
In some states, the term assault refers to the act of intentionally or recklessly causing another person to sustain physical harm. In Florida, however, assault refers specifically to the act of threatening or intimidating someone else in a way that makes them reasonably fear for their safety. In contrast, battery is the legal term used for making violent physical contact with another person’s body.
This distinction is important because it allows authorities to charge you with simple assault even if you did not strike someone else and no one suffered injury. As one of our Key Largo attorneys could further explain, the prosecution only has to prove that you threatened someone else physically or verbally, had the apparent ability to cause the harm you were allegedly threatening, and caused the targeted person to believe they were about to be hurt.
According to Florida Statutes §784.011, simple assault is usually classified as a misdemeanor in the second degree, meaning a conviction could carry maximum penalties of 60 days in jail and $500 in fines. If you commit assault in furtherance of a riot, the offense becomes a first-degree misdemeanor punishable by up to one year in jail and $1,000 in fines upon conviction.
Furthermore, if you commit assault with intent to commit a felony or while possessing a deadly weapon without intent to kill, you may face charges under Fla. Stat. §784.021 for aggravated assault. This felony of the third degree can result in maximum penalties of five years in prison plus $5,000 in fines upon conviction, making guidance from a proactive Key Largo lawyer especially important.
Whether the law classifies it as a misdemeanor offense or as a felony, a single conviction for criminal assault can change the course of your life. State law treats assault as a violent offense, and a guilty verdict can result in the limitation of your rights and civil privileges as a lawful resident.
Fortunately, a seasoned Key Largo assault lawyer at Keys Criminal Defense, PLLC could help you fight back against such a charge. Contact us today to schedule a consultation and discuss your legal options.
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