Unlike a battery offense, the offense of assault does not require physical contact, only that someone had the impression that contact or injury was about to occur and responded with apprehension or fright. Sunrise law classifies a simple assault offense as a Misdemeanor, but multiple conditions can raise the classification to a more serious Misdemeanor or a Felony.
If you have never faced a criminal charge for either assault or battery, you may even be surprised to hear your behavior characterized in those terms. Even if you face a Misdemeanor charge, you may want to avoid having a police record indicating that you have committed an assault of any sort. If you want to know what you can do to avoid an assault conviction, you may have good reason to schedule a consultation with an experienced Sunrise assault Lawyer. Reach out to one of our experienced Attorneys at Leifert & Leifert to schedule a consultation today.
What are the Elements of Assault in Sunrise?
The basic state assault and battery offenses in Sunrise are provided in the 2019 Florida Statutes §784.011 through 784.045. Simple assault occurs when someone says or does something that threatens another person with physical harm. A conviction requires that the person charged seemed capable of the violence at the time of the perceived threat and that the person making the allegation felt immediately and justifiably threatened.
The law differentiates assault from battery, a first-degree Misdemeanor unless specified conditions raise the classification, by requiring that a battery include actual physical contact or harm. Aggravated assault occurs when someone either uses a weapon to threaten physical harm to another, albeit with no expectation of taking a life, or completes a threatening act with the expectation of carrying out a Felony. Someone accused of assault in Sunrise could discuss particular defenses and methods of potentially defeating or reducing the charge by arranging a consultation with an assault Lawyer.
Other Forms of Assault
Sections 784.07 through 784.021 of the Florida Statutes names various assault offenses on the basis of the person against whom they occur, including, but not limited to, assault against service professionals such as police officers and municipal transportation workers, assault against people aged 65 or older, and assault against people employed to judge or officiate sporting events. Offenses such as these typically carry stricter penalties than simple assault.
The Florida Statutes classify aggravated assault as a third-degree Felony for which a first conviction results in a fine of up to $5,000 or imprisonment for up to five years. Someone facing a charge for aggravated assault or for assault against a member of one of the aforementioned groups may have good reason to get in touch with an assault Attorney in Sunrise to discuss their case and receive advice as to how to proceed.
Get in Touch with a Sunrise Assault Attorney Today
A first conviction for assault could involve paying a fine while imposing few other significant burdens. The consequences of a conviction depend on several variables. The identity of the person making the allegation, whether a weapon was involved, any prior convictions on the police record of the person convicted, and any additional offenses they allegedly engaged in or intended to engage in when the assault took place can affect both the charge itself and the penalty.
Whatever the circumstances, if you face an assault charge, you likely hope to mitigate the repercussions that follow from it. Call a Sunrise assault Lawyer at Leifert & Leifert to determine what sort of short-term steps you can take to alleviate long-term difficulties.