Assault cases allege that a defendant has caused a fear of injury in another person. However, the law also states that a prosecutor can bring enhanced charges if they believe that serious harm has occurred from this incident, if the event involved a dangerous weapon, or even based upon the identity of the alleged victim.
These factors combine to make many assault cases more complex than they first appear. This means that a defense against these charges must be equally nuanced to defend the rights of the accused. A Windermere assault lawyer is ready to promote this defense in and out of court. The assistance of a seasoned defense attorney could help you to avoid the punishment and stigma that can result from an assault conviction.
State law provides a basic definition of assault that applies to all potential charges. In Florida Statute § 784.011, the law says that any assault involves one key concept: that an alleged victim reasonably feared a physical injury. In some cases, a person may face an assault charge even if they did not intend to cause harm. This same statute makes it an offense to recklessly cause serious harm or to negligently cause harm to another while using a weapon.
These offenses are misdemeanors of the second degree where a conviction can result in jail time but that result is unlikely without other factors at play. Aggravating factors that make an assault case more serious include:
State law also defines the crimes of assaults that are labeled as felonies. A Windermere assault attorney could provide more information about these offenses and what a prosecutor must prove to obtain a conviction.
Many effective defenses against assault allegations begin long before a case goes to trial. In fact, an attorney could be of assistance as soon as a person learns that they are a suspect in an alleged crime. They can protect defendants against aggressive police interrogations or shield people from making damaging statements while in custody.
An attorney could also help by performing an independent investigation into the supposed incident. This could include talking to witnesses or obtaining security camera footage that tells a different version of the story than the one that the prosecutor intends to offer at trial.
Finally, if the case does go to trial, an assault lawyer in Windermere could present evidence, cross-examine witnesses, and dispute the legality of police work to create reasonable doubt concerning the allegations. This could help obtain a reduced penalty or even total dismissal of the charges.
You are at risk of jailtime and a permanent mark on your criminal record if you are convicted of an assault charge. More serious cases that allege violence due to the use of a weapon or that result in serious physical harm are felonies that can come with mandatory-minimum prison sentences.
No matter the severity of the charge that you are facing, a Windermere assault lawyer is ready to fight for you. The Umansky Law team explains the law, gathers evidence that helps your case, and protects your rights while in police custody and in court. Give us a call now to discuss the merits of your case.
The Umansky Law Firm Criminal Defense & Injury Attorneys