Assault Defense Lawyer in Fort Myers, FL
What Counts as Assault in Florida?
A popular saying goes, “words have consequences.” That is especially true when it comes to Florida assault laws. When they hear the word “assault,” many people automatically picture someone giving a severe beating or even attacking someone with a weapon. The truth is that assault has a much looser definition and that it’s easier to be charged with it than many believe.
Under Florida law, an assault is an intentional threat, either through words or actions, to do violence to another person. This means that you do not even have to touch another person to face assault charges. Even something as simple as saying “I’ll kill him” or “I’ll kick your ass” during an argument or heated moment can result in assault charges. What may seem simply angry or frustrated in one situation could be considered assault in another, depending on the circumstances and how aggressively the criminal justice system wants to pursue charges.
Many people find themselves facing assault charges unexpectedly. An assault conviction can stay on your criminal record for the rest of your life and potentially stigmatize you as a violent person. This stigma can impact your ability to build and maintain relationships, while your conviction can influence your ability to find employment or a place to live. That’s why if you or a loved one is facing assault charges in Fort Myers, you must contact our experienced criminal defense attorney.
What are the Penalties for Assault?
Assault is generally a second-degree misdemeanor. Under Florida law, a second-degree misdemeanor is punishable by several potential consequences, including:
- Two Months in Jail
- Six Months of Probation
- A $500 Fine
Depending on the circumstances of the case, you may face additional charges. For example, if the assault happened during a state of emergency, such as following a hurricane, the charges may be upgraded to a first-degree misdemeanor. A first-degree misdemeanor carries a penalty of a year in jail and a $10,000 fine.
The presence of a weapon may also result in enhanced charges and penalties. If you had a weapon on you at the time of the alleged assault, you may be charged with aggravated assault. Similar to simple assault, you do not have to have used the weapon to face aggravated assault charges. For example, if two people got into an argument, and one person with a visible gun or knife on their belt threatened the other person, they may be charged with aggravated assault. Unlike simple assault, aggravated assault is a third-degree felony. Third-degree penalties are punishable by up to five years in prison and a $5,000 fine.
Depending on the circumstances, it’s very easy for someone accused of assault to find charges against them quickly accumulating or increasing. That’s why if you or a loved one has been arrested for assault, it’s vital you contact our dedicated and compassionate defense attorney.
What Are Potential Defenses to Assault Charges?
Although it may be easy to find yourself facing assault charges, a skilled defense attorney can successfully build an effective defense strategy. In many instances, assault charges stem from misunderstandings or overzealous police and prosecutors trying to appear “tough on crime.” An experienced defense attorney can strip away any sensationalism and get down to the “bare bones” of a case through one of several defenses. Often, this results in the best possible outcome, such as charges being dismissed or defendants being acquitted.
Self-defense is one of many common defenses. Under Florida law, you are permitted to issue a verbal warning to someone who poses an active threat to you, your property, your family, or someone else. In many instances, someone who received such a warning will attempt to retaliate by claiming assault and notifying the police. Many assault charges stem from such circumstances. A skilled attorney can demonstrate that you were not the instigator and that you were acting to protect yourself or others.
Intent is another strong defense. The prosecution must prove that you intended to genuinely intimidate someone with your words. They must also prove that your words caused the alleged victim “reasonable fear.” Similar to the above example, it is not uncommon for spiteful individuals to take words out of context or twist them to sound like threats after the fact. If a defense attorney can demonstrate in court that your words were not threatening or that a reasonable person would not have considered them a threat, it can be grounds for acquittal or dismissal of charges.
Similarly, it can be a defense if your threat was not sufficient to cause reasonable fear in an average person. For instance, if you said “I’m going to kick all of your asses” in frustration to a group of people, and one member of the group took it as a threat, an attorney may argue that there was no likely scenario where one individual could harm a larger group.
These are only a few potential defenses. Assault cases are unique, and there is not often a one-size-fits-all approach. Prosecutors usually like to pursue assault cases because they consider them “easy wins.” Don’t let an overzealous court system land you with a criminal record. If you’ve been arrested for assault, it’s vital you contact our firm immediately.
What Should I Do if I’m Arrested for Assault?
A simple argument or outing to a crowded venue can unexpectedly end in assault charges. Even a conviction for a simple assault can land you with a reputation as a violent individual. That stigma may follow you for the rest of your life. Don’t take chances. If you or a loved one has been arrested for assault in Fort Myers, don’t hesitate to contact Sherman Defense Firm, P.A.
Our attorney, Melissa Sherman, knows how easy it is to end up with assault charges. She’s seen firsthand how overzealous prosecutors can be and how what should have ended as a simple disagreement can instead snowball into criminal charges. She doesn’t like to see innocent people railroaded into jail, and she has perfected her proven Sherman Defense to clear her clients and help them get their lives back.
Assault charges can happen to anyone. That means jail can happen to anyone. Don’t take risks. If you or a loved one has been arrested for assault, don’t hesitate to call 239-539-6818 to schedule a consultation.