If you have been charged with assault, you may find yourself facing felony-level consequences and a criminal record as a violent offender. Even if you did not injure or make direct physical contact with the other person during your alleged assault, state law may still view your actions as unlawful.

To effectively challenge the allegations against you, consult a knowledgeable defense attorney from Keys Criminal Defense, PLLC. An experienced Key West assault lawyer could provide the custom-tailored legal guidance you need to resolve your charge as favorably as possible.

Simple Assault Versus Aggravated Assault

Under Florida Statutes § 784.011, simple assault is the criminal act of intentionally and unlawfully making another person reasonably fear for their safety by threatening violence against them through words, actions, or a combination of both. Notably, state law defines assault as a legally distinct offense from battery, which Fla. Stat. § 784.03 defines as the intentional touching, striking, or causing of bodily harm to another person against their will.

Fla. Stat § 784.021 defines aggravated assault as assault involving the possession of a deadly weapon. As your Key West attorney could explain, this is a substantially more serious matter than a simple assault charge. Aggravated assault is considered a third-degree felony rather than a second-degree misdemeanor.

What Defense Strategies Could Be Helpful Against Assault Charges?

Importantly, you cannot be convicted of assaulting someone else unless you make a specific threat against them, cause them to suffer reasonable fear of imminent harm through that threat, and have the “apparent ability” to fulfill that threat. You cannot be found guilty of assault under Fla. Stat § 784.011 if any of these conditions are not met. Successful defenses against assault allegations include:

  • Proving that you did not intend to put others in fear of harm
  • Demonstrating that what was said would not make a reasonable person afraid of imminent harm
  • Proving that the alleged threat was not something you could have accomplished under the circumstances

The assault and battery legal team from our Key West office could discuss the best strategy for your case during an initial consultation.

Contact an Assault Attorney From Key West For Comprehensive Legal Guidance

Under state law, assault is not as severe a criminal offense as battery. However, an assault conviction could severely limit your professional opportunities and damage your personal reputation.

Help from a seasoned Key West assault lawyer from Keys Criminal Defense, PLLC could dramatically improve your chances of resolving your case. Contact us today to schedule a consultation.

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