Cases that allege assault can appear to be very simple on their surface. The idea that it is illegal to cause bodily harm to another person is fairly straightforward. However, the state laws that deal with these alleged offenses are more complex than they at first seem. In fact, an assault charge under the law does not even have to involve causing harm to someone.
Talking with a Dr. Phillips assault lawyer could help you to better understand the exact nature of your case. Our trustworthy criminal defense attorneys also investigate the incident that led to an arrest and develop a defense that fits your specific needs. Finally, they fight to protect your rights during all court proceedings.
Florida Statute § 784.011 provides the basic concept of a simple assault. It states that this offense involves an intentional and unlawful threat to cause a violent injury to another. Notably, this does not have to involve causing actual physical harm. There can be a separate charge for intentionally causing harm to another. State law defines this action as battery.
These basic definitions are important when preparing to defend oneself against these allegations. If a prosecutor brings charges alleging a battery, a logical defense is to argue that the defendant never made contact with an alleged victim. Similarly, a defense to an assault charge can hinge on whether a defendant had the willful intent to come into physical contact with another. A Dr. Phillips assault attorney could provide more information about these key differences and how they may affect a criminal case.
A basic assault or battery under Florida law is a misdemeanor offense and a simple assault conviction means that a court may impose a sentence of up to 60 days in jail. However, many factors may make these allegations more serious. One example is the use of a weapon when threatening the well-being of another. In this scenario, convictions can be felonies that bring multiple-year prison sentences.
Consulting with an assault attorney could help individuals in the Dr. Phillips area to better understand the potential consequences of an assault or battery conviction. Lawyers are ready to evaluate the event that led to an arrest and develop a specific defense against the prosecutor’s charges. This may include arguing that any contact was the product of self-defense or that an alleged victim could not have reasonably feared being harmed.
Allegations of assault or battery are among the most common cases to appear before local criminal courts. These are serious accusations where a conviction will create a criminal record, could require you to pay a fine, or even spend time in jail. It is essential that you understand what these charges mean and prepare a powerful defense.
Hiring a Dr. Phillips assault lawyer to handle your case could help you to achieve these goals. The Umansky Law Firm Criminal Defense and Injury Attorneys could explain what your charges involve and what a prosecutor needs to prove to obtain a conviction. They also fully investigate the incident and develop a defense based on your needs and the facts of the case. Give us a call today to start down the road to protecting your rights after an arrest for assault or battery.
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