Fort Lauderdale Assault Lawyer
Assault is one of the most common violent crimes that takes place, and can carry a severe penalty, depending on the circumstances of the prosecution’s case against you. An lawyer is necessary no matter what type of offense you are being charged with. If you were arrested for assault, battery, aggravated assault, or aggravated battery the Fort Lauderdale assault lawyer here at Haber | Blank LLP will defend you in every way possible.
Elements of Assault
Under statute 784.011, assault is an “intentional, unlawful threat by word or act to do violence. . . coupled with an apparent ability to do so, and doing some act which creates a well-founded fear” in another person. For example, threatening to punch someone, or swinging a fist and missing, would be assault if the victim believed they were in imminent danger of being harmed. However, assault does not involve the actual touching or striking of another person, and assault also does not involve actually harming another person.
Penalties for Being Convicted of Assault
There are two different categories of simple assault, and each carries its own penalty. Assault, as defined above, is a second degree misdemeanor, punishable by up to 60 days in jail and a fine of $500. Assault that is carried out during a riot is a first degree misdemeanor, punishable by up to a year in jail and a fine of $1,000.
Aggravated Assault
Aggravated assault involves the use of a deadly weapon either:
- With the intent to commit a felony, or
- Without the intent to kill another person
Aggravated assault is a third degree felony, punishable by up to five years in prison and a $5,000 fine.
Battery Vs. Assault
Battery occurs if the perpetrator actually touches the victim. The elements needed to convict for battery include:
- Actually and intentionally touching or striking another person against their will, or
- Intentionally causing bodily harm to another person
Battery is a first degree misdemeanor, whereas assault is a second degree misdemeanor, which carries a lesser penalty. Aggravated battery, defined below, is a second degree felony, punishable by up to 15 years in prison:
- Intentionally or knowingly causing great bodily harm, permanent disability, or permanent disfigurement to another person, or
- Using a deadly weapon while committing battery
If, during the commission of battery, the defendant caused great bodily harm, permanent disability, or permanent disfigurement but did not intend to do so, they have committed felony battery, which is one step lower than aggravated battery and is a third degree felony.
Call a Fort Lauderdale Assault Lawyer Today
Assault is a serious crime, but simply being arrested for and charged with assault does not mean you committed it. Self defense, eyewitness testimony, security footage, and other evidence may persuade the prosecution to drop or lower the charges before bringing your case to trial. Our Fort Lauderdale assault lawyers at Haber | Blank LLP have the experience and resources necessary to defend you in and outside of the courtroom. Contact us today at 954-767-0300 to schedule a free consultation.
