First-degree assault in St. Petersburg is an elevated charge that may apply when a defendant commits assault under certain conditions. These cases can be more difficult to defend against than minor assault charges and can result in more severe punishment upon conviction. This is why it is crucial to seek the help of an experienced assault attorney.
Our criminal defense lawyers at Goldman Wetzel have significant experience defending clients facing charges for assault or other violent crimes. Learn the difference between first- and second-degree assault below, and contact our office to schedule a review of your case.
Assault is typically classified as a second-degree misdemeanor offense that carries a maximum sentence of up to 60 days in jail if convicted. The crime refers to any intentional threat using words or actions that create an imminent fear of violence toward another person. It differs from other violent crimes, such as battery, in that assault does not require physical contact.
In St. Petersburg, first-degree assault applies when the defendant commits assault as part of a riot or aggravated riot under Section 870.01. Rioting refers to a person’s willful participation in a violent public disturbance. The event must involve an assembly of three or more people acting with the common intent to perform violent and disorderly conduct that either injures another, damages property, or creates an imminent threat of it. Aggravated rioting can occur under certain circumstances, particularly if it leads to significant bodily harm or property damage.
Florida also reclassifies assaults against certain law enforcement personnel and other officials from second- to first-degree charges. As a first-degree misdemeanor crime, assault that occurs in a riot or against law enforcement carries a possible punishment of one year of imprisonment.
A potential defense in a first-degree assault case is that it was a justifiable use of non-deadly force in the defense of a person or their property. Justifiable use of force generally requires evidence that the defendant was not the aggressor or did not initially provoke the use of force against themselves. Additionally, the person exercising the justifiable use of force must not have had a duty to retreat or must otherwise have had a lawful right to stand their ground.
An experienced St. Petersburg lawyer may present other arguments to establish an assault is not a first-degree offense. These arguments could help to lower an assault charge from a first-degree misdemeanor to a second-degree one. For example, first-degree assault against an officer requires proof that the defendant knew they were attacking a qualifying individual who was lawfully performing their duties.
Our lawyers at Goldman Wetzel understand the challenges of clients facing a charge of first-degree assault in St. Petersburg. We rely on our years of experience and our proactive approach to develop case strategies that protect clients from unfair prosecution. Schedule a free case review with our office today.
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