Allegations of assault can have a serious impact on your life, even if you have done nothing wrong. These situations can quickly become worse if you are officially charged with a crime. The good news is you have defense options, and a Clearwater assault lawyer from our firm can help you fight back.
If you have been charged with assault, there is no time to wait. Any delay will only give the state more time to build a case against you, especially if you do not have an attorney to help level the playing field. Let our dedicated defense lawyers advise you on how to proceed.
Assault is the act of intentionally placing another person in fear of harm. This offense can be classified as a misdemeanor or a felony, depending on the circumstances. The charge is a misdemeanor by default, but certain factors can elevate it to aggravated assault, which is a felony. Prosecutors bring this charge when an assault involves a deadly weapon or targets someone in law enforcement. Your Clearwater attorney can help you understand the factors that go into an assault case and how you are charged.
Many people use the terms assault and battery interchangeably, but they are two distinct criminal offenses—either of which a skilled lawyer in Clearwater can help you with. While similar, the major difference between the two is the absence or presence of physical violence.
Assault is about acting in a way that reasonably places another person in fear of harm. While that crime does not involve any physical contact, this is not true for battery charges. An arrest for battery is only appropriate after offensive, nonconsensual touching or causing bodily harm from unwanted physical contact. Raising a fist and threatening violence is assault; carrying out the act and punching someone is battery.
You have the right to fight an assault charge, but the appropriate strategy might not be obvious. Your Clearwater assault attorney can review the facts of the case to help you build the strongest possible defense.
Arguably, the strongest defense strategy in these cases is self-defense. Everyone is entitled to use a reasonable amount of force against someone else when they believe they are facing an imminent risk of harm. Under Florida law, people also have no obligation to make a first attempt to retreat. In addition to defending themselves, someone can also argue that they were defending the safety of others.
It can be difficult for the state to prove beyond a reasonable doubt that someone committed assault. These incidents often occur in crowds of people, and there is often little physical evidence to review. Sometimes, a good defense is pointing to the weakness of the evidence in the state’s case.
Another possible defense involves a violation of constitutional rights. If a person’s rights were violated by the police, an attorney can move to exclude from the trial any evidence that was unlawfully collected. This can include a statement someone made after their Miranda rights were violated or evidence that was secured in an illegal search.
If you have been arrested under suspicion of assault, you must reach out to an attorney and discuss your options right away. While this situation might feel hopeless, the reality is you are entitled to a vigorous defense. To discuss your options, contact a Clearwater assault lawyer from Goldman Wetzel, PLLC, right away.
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