When the authorities suspect someone of intentionally threatening another person and causing them to fear imminent harm, they can charge them with assault. An arrest under the criminal statute does not require that they actually put their hands on the other person.
The police officer making the arrest may charge the individual with misdemeanor simple assault or aggravated assault, which is more severe and can mean receiving a felony on their permanent record. If you have any questions or need help preparing a defense, speak to our knowledgeable assault attorney from Jonathan Jay Kirschner, Esq., & Associates for more information about assault arrests in Fort Pierce.
Assault and battery charges are often brought together, but each is a separate offense with its own definition. Assault occurs when a person intentionally causes another to experience reasonable fear and apprehension of danger, without requiring physical contact.
Swinging a bat or a fist and missing could still result in assault charges. Battery involves the actual and intentional infliction of harm or physical contact with another person. Actions such as hitting, pushing, or spitting could lead to battery charges.
Penalties for assault and battery convictions vary based on the specific circumstances and may include jail time, steep fines, probation, and anger management counseling. Collateral consequences could include employment issues, loss of firearm ownership rights, and custody challenges when the offense involves family members.
Many people wrongly believe assault charges require inflicting physical harm, but no contact is necessary. Under Florida Statute § 784.011, assault is the intentional and unlawful threat, made by words or actions, to cause harm through violence to another person.
The state must prove the alleged defendant appeared to have the means and ability to carry out the threat at the time it was made, and that the other person experienced reasonable fear of imminent violence. A simple assault conviction is a second-degree misdemeanor, punishable by fines of up to $500 and 60 days in jail.
The risks are significant for aggravated assault charges because it is a more serious offense. These cases involve circumstances that elevate the charge, such as using a deadly weapon like a gun, bat, or other object capable of causing death or substantial bodily harm.
The state may also bring aggravated assault charges for committing assault while intending to commit another felony, such as robbery. A conviction is a third-degree felony, punishable by up to $5,000 in fines and up to five years in prison. Our skilled attorney could answer questions about arrests for assault in Fort Pierce during a consultation and help determine the best approach to defend against the charges you face.
While every case differs, common defense strategies for assault charges include:
Our attorneys have experience with Fort Pierce arrests for assault to help determine the best method and build a solid case to reach the best potential outcome.
Facing charges, especially those involving violence, could have lasting effects on your life and future. Understanding the charges and building a strong defense strategy is essential.
Our hard-working criminal offense lawyer is skilled with cases resulting from assault arrests in Fort Pierce and could help you through the process and advocate for the best potential outcome. Contact us today to schedule a free consultation.
