Being accused of assaulting another person can sometimes be a confusing experience, especially since, under Florida state law, you can “assault” someone without ever actually touching them. Make no mistake, though: state courts take assault extremely seriously, and if you are not thoroughly prepared to defend your rights and best interests in the face of this kind of allegation, you may find yourself facing life-changing criminal sanctions.
Assistance from an expert Kendall assault lawyer can be crucial to handling this sort of case in the most proactive way possible. From beginning to end of your legal proceedings, our dedicated defense attorneys at Rossen Law Firm will ensure you understand all your options and work diligently to pursue the most favorable resolution possible for your charges so you can achieve your best future.
How State Law Differentiates Between “Assault” and “Battery”
While some states treat “assault” and “battery” essentially as synonyms in terms of criminal charges stemming from a threatening encounter with another person, Florida defines them as two separate criminal charges with related but distinct definitions. In a nutshell, “assaulting” someone in Kendall involves making a physical or verbal threat which causes that person to experience genuine fear that they are about to be physically injured, whereas “battery” is the act of actually striking or touching someone else without their permission and generally with intent to cause them harm.
Under Florida Statutes §784.011, someone who assaults another person without also committing battery against them may face penalties for a second-degree misdemeanor. This could mean a maximum 60-day jail term, as well as a $500 fine. Notably, though, anyone who commits assault “in furtherance of a riot” may have their charge upgraded to a first-degree misdemeanor punishable by up to a year of jail time and/or a $1,000 fine. Our award-winning Kendall assault attorneys can help build a comprehensive defense against either type of simple assault charge.
When Does Assault Become a Felony?
There are a few circumstances under which a simple assault can be upgraded to “aggravated assault,” which is classified under Florida state law as a felony offense. Specifically, Fla. Stat. §784.021 states that someone commits aggravated assault if they commit a simple assault either with the intent to commit a felony offense of any kind, or while using a deadly weapon without any intent to cause fatal harm. Again, you do not necessarily have to make physical contact with another person or actually cause injury to be charged with and convicted of aggravated assault.
As an assault lawyer can affirm, this offense is typically a felony in the third degree in Kendall. Someone convicted of aggravated assault will typically face a maximum prison term of five years and a potential maximum fine of $5,000. As with simple assault, though, committing aggravated assault in furtherance of a riot upgrades the severity of the ensuing criminal case—in this case, to a second-degree felony punishable after a conviction by up to 15 years’ imprisonment and a possible $10,000 fine.
Speak With an Expert Kendall Assault Attorney About Your Case
Fighting back against assault charges can be a complicated process, especially if this is not your first time facing criminal allegations. Even if you have no criminal record of any kind, though, representation from experienced legal counsel is crucial to achieving the
best possible case result.
At Rossen Law Firm, we know that these charges often arise from mistakes and misunderstandings. We believe that everyone deserves a strong defense, regardless of your charge. A conversation with a Kendall assault lawyer at our firm can offer you confidence and clarity about your next steps.
Call us to schedule your
strategy session with a member of
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