If you were accused of assault, you probably have questions and concerns. An accusation can be stressful, and there may be important laws and rules you do not know about. However, you have legal options and may benefit from speaking with an experienced Leifert & Leifert Attorney about your rights.
You should not have to step in the legal arena alone without information or aid. You may find a Greenacres assault lawyer can make all the difference in the outcome you receive. An aggressive defense attorney could work tirelessly to fight for your rights.
Laws Governing Simple Assault
Assault does not actually involve one person making physical contact with another. Instead, the term applies when one person puts another in fear of being touched in an offensive manner through a physical or verbal threat. Oftentimes, what people consider to be assault is in fact battery. While both assault and battery can occur together, they are separate actions. Beyond these differences, there are two forms of assault that can be alleged in addition to battery.
What is Simple Assault?
The Florida Statute defines all forms of assault in Section 784.011. According to this section, there are specific elements that make up a simple assault. This type of assault is a second-degree Misdemeanor and can be charged based on the following:
- A person threatened or carried out violence to another
- The person who made the threat has the ability to carry it out
- The person allegedly threatened was in fear of imminent harm
If all the steps of a simple assault are present with the addition of a deadly weapon or an intent to commit a Felony, the action is elevated to an aggravated assault. This is detailed in FLA. STAT § 784.021. Therefore, if a Court were to convict you for an aggravated assault, you have committed a third-degree Felony.
What Charges are Related to Assault?
Battery is when someone actually touches or harms another person against their will. As mentioned above, a battery can occur without an assault happening. This would happen if the alleged victim never experienced fear or a threat of violence before the alleged act of battery occurred.
Essentially, battery is when one person actually and intentionally touches another person without consent and causes physical harm. This law is found in the FLA. STAT § 784.03 and is considered a first-degree Misdemeanor. So, if the Court convicted you of a subsequent act of battery, they may charge the second act or later act as a third-degree Felony.
Reach Out to a Greenacres Assault Attorney Today
If the state has accused you of committing assault or battery, you could be at risk of an immense fine or a prison sentence. Beyond the fear of a sentence or fine, you may also be fearful of having a charge on your permanent record, and of having to disclose that fact to potential future employers. A dedicated Greenacres assault lawyer could help you understand any charges or accusations you face and aid you in building a strong defense against any possible attacks on your freedom and rights.
Do not hesitate to contact an Attorney at the Law Offices of Leifert & Leifert. We could help you make sense of the entire legal process and move forward in a way best suited to your situation. Reach out today for a free consultation.