Many people mistakenly believe that an incident is not a crime unless the targeted person suffers bodily harm when someone uses physical force against them. However, under state law, an assault does not need to result in physical harm.
If you face assault charges, an experienced criminal defense attorney could help clarify the legal process. A knowledgeable Fort Pierce assault lawyer from our firm could explain the allegations and work with you to resolve the matter in the best possible way.
Contact us today for a free consultation.
Summary of Assault Laws
Although assault and battery charges often occur together, an individual can face criminal assault charges even if no physical harm occurs. Assault involves making a threat, whereas battery involves carrying out that threat.
According to Florida Statutes Section 784.011, assault means threatening violence toward someone else. The threat could involve a physical act or a verbal attack. To secure an assault conviction, the prosecutor must prove that the defendant intentionally and unlawfully threatened to harm someone else, had the apparent ability to carry out the threat, and caused a reasonable fear that violence was imminent.
If convicted of simple assault, a second-degree misdemeanor, an individual could face up to 60 days in prison and a maximum fine of $500.
The offense becomes aggravated assault if someone commits it with a deadly weapon, such as a knife, without intending to kill, or if they commit it with the intent to commit a felony, such as robbery. Aggravated assault is a third-degree felony and could result in up to five years in prison and a maximum fine of $5,000.
If the defendant has a prior felony conviction, the court could impose increased penalties for an assault charge. In such cases, an experienced Fort Pierce attorney could develop an effective defense strategy to aggressively fight the assault charges.
Strategies To Fight Against an Assault Charge
To gain a conviction, a prosecutor must prove every element of an assault. A qualified defense attorney could argue that the prosecution’s theory of the incident is incorrect or inconsistent.
Lack of Intent
An assault conviction requires proof of intent. If the defendant proves they had no intention of carrying out the threat, they may use that as a successful defense. For example, a defendant could argue they lacked the mental state to form the intent to commit the crime.
Lack of Ability To Carry Out the Threat
In some cases, a defendant could demonstrate that they lacked the ability to carry out the threat. For example, if a small, elderly person threatened to hit a young, tall person over the head, they likely lacked the ability to carry out the threat.
No Reasonable Fear of Imminent Violence
Assault requires a reasonable fear that someone faces imminent harm. A defendant could argue that their words or actions would not cause a reasonable person to fear violence. For example, if a person was cooking in the kitchen and using a knife while talking, that should not create fear in the person they were speaking to. However, if the person took the knife and held it in a threatening manner, that could create a reasonable fear of violence.
A skilled Fort Pierce attorney from our firm could analyze the evidence, consult with the defendant, and help them construct a robust defense strategy to fight the assault charges.
Contact a Criminal Defense Attorney in Fort Pierce Today to Discuss Your Case
Even if you did not touch a person, you could face criminal charges for assault if you threatened them and they believed they were in danger of violence. An assault conviction could severely impact your life, and a good defense requires an experienced legal team. Contact Jonathan Jay Kirschner, Esq., & Associates and speak to a Fort Pierce assault lawyer today during a free consultation.
