A criminal "assault" is an intentional, unlawful threat by word or act to do violence to another, coupled with an apparent ability to do so, and performing an act which creates a well-founded fear in another person that such violence is imminent.
This is also commonly referred to a "simple assault", which is a misdemeanor of the second degree, punishable by up to a $500 fine, sixty (60) days jail and/or 6 months probation.
If a deadly weapon is used in the commission of the assault, without the intent to kill, or is used in the commission of a felony act, it is considered Aggravated Assault, which is a felony of the third degree, punishable by up to a $5,000 fine, five (5) years prison and/or probation.
The Figueroa Law Firm, P.A., represents the legal rights and goals of those involved in assault and battery defenseor other criminal defense issues in Orlando, Florida and the Surrounding Central Florida area. For a confidential legal consultation, please call 407-217-1836.
Because Assault charges are crimes against the public and their safety, assault charges are prosecuted in a more aggressive manner than other misdemeanor crime charges such as prostitution, solicitation, or disorderly conduct.
Assault charges may be associated with other types of criminal offenses, depending upon the evidence collected against you such as:
Violation of an Injunction (Restraining Order);
Assault or battery of an individual 65 years or older;
Assault of a minor;
Lewd and lascivious acts;
Burglary; Theft, or Robbery; or
Other misdemeanor or felony crimes which may relate to the incident for which you were arrested for.
A simple assault conviction can only be accomplished if the prosecution can prove intent. The alleged assault victim's perception of what they believed was a clear and present danger is subjective in nature, and must be challenged in defending your rights and freedoms. Because of these variables, in order to strengthen their case against you or force you to take a plea deal, law enforcement and prosecutors may choose to look for any evidence which may allow them to add charges to the charging document (information/indictment), or seek a felony assault over a misdemeanor assault charge.
If you have questions, concerns, or legal needs regarding assault and battery defense or other criminal defenseissues, we urge you to seek the legal advice of an experienced Orlando assault defense attorney & lawyer. Contact The Figueroa Law Firm, P.A., at 407-217-1836 to schedule a confidential legal consultation.
When charged with any criminal offense it is important to be made fully aware of your legal rights, defense strategies, and to have aggressive, detailed, and dedicated criminal defense legal representation in your corner.
When facing assault, battery, or other misdemeanor, or felony charges, hiring an experienced assault charge defense attorney or lawyer may provide you the best opportunity to achieve your desired outcome, or a fair and reasonable resolution.
If you require professional legal services regarding assault and battery defense or other criminal defense issues, be proactive in protecting your legal rights by seeking the legal advice of an experienced Orlando assault defense attorney & lawyer. Contact The Figueroa Law Firm, P.A., by calling 407-217-1836 or use our online case submission form to schedule a confidential legal consultation.