Common Assault Defenses in Fort Lauderdale

In Florida, an assault is the same thing as a threat. People utter threats in Fort Lauderdale all the time, and “simple assault” is a common charge. However, simple assault is also relatively easy to defend, and many defense strategies may prove useful. Of course, the most appropriate defense strategy depends on your unique situation, and you should discuss your circumstances alongside an experienced assault defense lawyer in Fort Lauderdale.

 Self-Defense 

Perhaps the most obvious strategy is self-defense. Generally speaking, you are allowed to defend yourself and your property with both words and action if someone is trying to harm you or someone you love. For example, if someone is trespassing on your property and threatening to harm your children, you are perfectly justified in warning them of the consequences. You might raise your fist and threaten to punch the trespasser in the face unless they leave your property. This would be an acceptable use of self defense.

 Lack of Intent

 Intent is an important element of assault in Florida.  To qualify as an assault, you must intentionally threaten someone else. While an overt verbal threat can be obviously intentional, certain acts may be less clear. For example, you might raise your first simply to stretch a strained muscle. Perhaps you reached for a knife to cut up some vegetables, not to threaten someone in a kitchen. If prosecutors cannot prove intent, you should walk free.

 Misunderstandings 

Verbal threats are easy to misinterpret. Perhaps you were standing far away, and the alleged victim inaccurately claimed that you yelled something threatening. Maybe you slurred your words or simply misspoke. Again, this goes back to a lack of intent – a miscommunicated threat may not be a threat at all.  Certain phrases may be interpreted as threats despite a lack of intent to create a fear or fear of harm. Like the phrase “I’ll show you,” could refer to physical violence or some other kind of “revenge.” It might also literally refer to the act of showing someone something, such as a stamp collection.  Context is important in these situations.

 Lack of Overt Acts 

Cases in Florida have demonstrated the need for an “overt act.” Words alone are not enough to secure a conviction.  Prosecutors must show that you did something to underline the victim’s fears. Merely standing still and threatening to kill someone might not be considered “assault” according to Florida criminal courts.  There has to be something more.

Conditional Threats

 Even if you clearly threaten someone, a “conditional threat” may not be a crime. A conditional statement generally takes the form of an “if… then” phrase. For example, someone might say: “If you don’t cancel your vacation plans, I’ll knock some sense into you.” Conditional statements lack the required “imminent threat,” and they may not meet the legal definition of “assault” under Florida law.

 Contact Haber Blank, Attorneys at Law Today 

If you’re serious about choosing an appropriate defense strategy while facing assault charges in Fort Lauderdale, a consultation with a defense lawyer can help. Speak with Haber & Blank, Attorneys at Law to discuss these strategies in more detail. While a handful of strategies are particularly common when facing defense charges, more obscure tactics could be helpful depending on your unique situation. Reach out today to get started on a defense strategy.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0784/Sections/0784.011.html#:~:text=784.011%20Assault.%E2%80%94,that%20such%20violence%20is%20imminent.