Assault is the criminal offense of placing another person in an immediate threat of harm, but the way these events take place is not always that cut and dry. If you have been accused of assaulting someone, our dedicated defense attorneys are here to help. You have options when it comes to fighting these charges. By relying on the skill and guidance of our Largo assault lawyers, you can put yourself in the best position to obtain a favorable result.
Florida state law sorts assault charges into two categories: simple and aggravated. Simple assault is a basic criminal offense, qualified as a second-degree misdemeanor. A person can be convicted of this charge if they make an intentional threat of violence or other act that places another person in reasonable fear for their safety.
For a charge to be elevated to aggravated assault, additional elements beyond simple assault must be proven. This can include factors like the use of a firearm or targeting a law enforcement officer. The distinction between the two offenses is important, given that aggravated assault is a felony charge that can lead to longer sentences.
It is worth noting that while many people assume assault and battery are the same thing, in reality, they are two distinct criminal charges. Battery involves making offensive contact with another person or intentionally injuring them, which goes beyond the crime of assault. Our Largo assault attorneys can evaluate the nature of the state’s case against you and advise you on how to proceed.
When you work with a Largo assault attorney, one of the most important decisions you will make is selecting a defense strategy. Our firm will carefully review the facts of your case before advising you on which approaches will be the most helpful for your case. Some common defenses in assault cases include the following.
Arguably, the most common defense in these cases involves the argument of self-defense. Anyone has the right to defend themselves from imminent harm, and in the state of Florida, a person is not obligated to attempt to retreat first. If an attorney can establish that a defendant was attempting to defend themselves or others from harm, this can be a viable strategy, even if the state can show they met all of the elements of the crime.
Ultimately, the job of the prosecution is to prove that someone committed assault beyond a reasonable doubt. A skilled attorney can focus a defense on just how weak the state’s case is due to a lack of evidence.
There are times when the state has enough evidence to secure a conviction for simple assault, but cannot reasonably make a case for any aggravating factors. Challenging the lack of these factors will not avoid a conviction entirely, but it may force the state to consider reducing the charges against a person to a misdemeanor.
Assault charges can carry serious consequences, but you should never assume a conviction is a foregone conclusion. Goldman Wetzel has a strong track record of success when it comes to assault cases, and we are ready to help you get the best outcome possible.
Representing yourself will only put you at risk of an avoidable conviction. Reach out to our Largo assault lawyers today to discuss your legal options.
(727) 828-3900 