Being charged with assault can be devastating. You may be overwhelmed and nervous about what that means for your future, and, unfortunately, that worry is warranted. Florida has strict laws in place that punish those convicted of assault and battery very harshly.
If you’ve been arrested and charged with assault or battery, you need help from a reliable criminal defense attorney who can fight for your freedom. At Cruz Law, our team has years of experience offering legal guidance to those who need it most. Learn more about assault charges in Florida and what you can expect from the process.
Assault and Battery in Florida
You may have heard assault and battery used interchangeably, but they’re two very different charges in Florida. The main difference between the two is whether the accused made physical contact with the alleged victim.
An assault charge occurs in response to a verbal or physical threat that causes well-founded fear. A battery charge, on the other hand, is the result of causing actual bodily harm. Keep in mind that battery doesn’t just mean a serious injury. Any type of physical contact without another person’s consent can be considered battery.
Types of Assault Charges in Florida
In Florida, you can be charged with simple assault or aggravated assault.
Simple Assault
Simple assault refers to a deliberate and unlawful threat made by one person to another and which causes a reasonable fear of bodily harm. Simple assault is a second-degree misdemeanor.
This charge can be upgraded, however, if the crime is allegedly committed against a public servant, a person aged 65 or older, or a staff member of sexually violent predator detention or commitment facilities, as long as the accused knew or should have known the victim’s identity or position.
You will also receive a harsher sentence if you assault a law enforcement officer, emergency medical care provider, firefighter, or other specified officers. In these cases, you’ll get what’s known as a charge enhancement.
Aggravated Assault
Aggravated assault is an assault charge involving either the clear intent to commit violence or the use of a deadly weapon. Per Florida law, a weapon can include:
- Knife
- Metallic knuckles
- Dirk
- Slingshot
- Tear gas gun
- Chemical weapon
Essentially, any type of weapon that isn’t a firearm or a plastic or pocket knife is a deadly weapon. Aggravated assault is a third-degree felony.
Penalties for Assault Charges in Florida
Being charged with any type of assault crime can mean facing serious penalties if convicted. Second-degree misdemeanor assault (simple assault) can result in up to 60 days in jail, six months of probation, and a $500 fine. Your exact circumstances and whether you have a criminal record will significantly affect the actual penalties you face.
If you are accused of simple assault on a public servant, you can be charged with a first-degree misdemeanor. That can mean up to one year in jail, a year of probation, and a serious fine.
A third-degree felony assault (aggravated assault) could mean facing up to five years in jail, five years of probation, and a $5,000 fine. The use of a firearm during an aggravated assault will increase the minimum sentence.
Strategies for Challenging Assault Charges
By hiring a criminal defense attorney, you have the chance to present effective defense strategies in hopes of having your charges dropped or reduced.
Challenging Intent
Intent plays a significant role in establishing criminal liability, which is required with an assault charge. The prosecution must prove beyond a reasonable doubt that you intended to threaten the alleged victim. If they can’t do this, it can be very difficult to prove you committed assault.
Lack of Credible Evidence
Your defense attorney will closely look at all of the prosecution’s evidence to find inconsistencies, gaps, or contradictions that can challenge its credibility. Your lawyer may challenge witness testimonies, present alternative interpretations to the scenario, and even bring into question the evidentiary chain of custody.
Self-Defense
Another effective defense strategy is to state that you acted in self-defense. If you perceive a threat, you have the right to protect yourself using reasonable force. One of the most crucial aspects of this defense strategy is to show that you acted in a way that was proportionate to the threat.
Alibi
You can also mount a defense based on not having been where the incident took place. An alibi defense can be effective if there’s camera footage, witness testimonies, or other evidence that proves you were in another location at the time of the assault.
Diminished Capacity
In certain circumstances, a defense attorney can also choose a diminished capacity defense. This defense requires showing that the defendant lacked the mental capacity to form intent because of factors like mental illness, intoxication, or cognitive impairment.
Importance of Seeking Professional Help
The penalties of an assault conviction are too high to risk not having a defense attorney by your side. Your lawyer will investigate the alleged crime, as well as all of the actions law enforcement took when arresting you. If they violated your rights in any way, your lawyer will fight to get your charges dropped.
They will prepare the best defense possible by taking into account the exact circumstances of your case and support you as you go through the legal system. They will also negotiate with the prosecution to get you the best possible plea deals if that’s the right option for you. Having the guidance of experienced counsel is invaluable.
Fighting Your Assault Charges in Florida
If you have been charged with assault, you deserve experienced representation to fight for your rights. At Cruz Law, we know mistakes and misunderstandings occur and everyone deserves a robust defense.
We have dedicated our lives to offering assistance to those who are facing serious consequences. Whether you have been charged with assault, battery, or both, we can help.
Contact our team to speak with dedicated and experienced criminal defense lawyers in Florida.
