Assault is a criminal charge that people sometimes find themselves facing without realizing how they ever even brought it on themselves. What they don’t realize is that merely making a threat and having the capability of carrying that threat out can be construed as assault.
People who get into heated arguments and who end up taking things a bit too far may find themselves facing charges that could have serious life consequences. This is why it’s so vital to have a Florida criminal defense attorney who understands when the law has been improperly applied and how to best stand up for the rights of their clients. Even if you know you did nothing to deserve the charges you are facing, you do yourself a disservice if you neglect getting a good attorney.
There are different variations of assault crimes that an individual may be charged with, depending on the specific circumstances, evidence collected against you, and sometimes even your prior criminal history:
Simple Assault is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent. Simple Assault is a second degree misdemeanor, punishable by up to a $500 fine, sixty (60) days jail and/or 6 months probation.
Aggravated Assault is when, during the assault is committed with a deadly weapon without intent to kill or with an intent to commit a felony. Aggravated Assault is a third degree felony, punishable by up to a $5,000 fine, five (5) years prison and/or probation.
When arrested for an assault crime or other criminal charges, you have rights that must be protected. You have the right to have competent legal counsel present your side of the events in question in an effort to prove your innocence. Your legal counsel may also negotiate on your behalf to have the charges dropped, reduced, to allow you to enter into a plea deal or diversion program when available, and to negotiate for probation instead of jail or prison time.
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SANDRA RIVERA, P.A.