Contesting an allegation that you criminally assaulted someone is a complicated process. For one thing, “assault” is a distinct charge from “battery,” even though it is often treated colloquially as the same offense. Also, proving that your actions did not constitute assault as defined under state law can require extensive evidence compiled into a comprehensive and compelling case. Our award-winning defense attorneys at Rossen Law Firm are here to guide each step of this process and provide you with the support you need. Representation from a Pembroke Pines assault lawyer can substantially improve your chances of achieving a favorable result in your case and avoiding long-term criminal and personal repercussions.
Simple Assault Charges in Pembroke Pines
According to Florida Statutes § 784.011, a person commits criminal assault if they intentionally and unlawfully threaten someone else with violence, if they have an apparent ability to make good on the threat, and if the targeted individual has a “well-founded fear” that they are in imminent physical danger. Threats may involve someone’s words and/or implicitly through their action. Unlike battery charges, assault does not require any proof of physical contact between the two people. Someone convicted of “simple assault” as defined under this statute may face penalties commensurate with a second-degree misdemeanor, which could include 60 days of jail time and a $500 fine maximum. However, assaulting someone else “in furtherance of a riot,” is considered a first-degree misdemeanor. This offense is punishable upon conviction by a maximum year-long jail sentence and/or $1,000 fine. An expert local assault attorney can explain what constitutes a misdemeanor assault during your free strategy session.When Does Assault Become a Felony?
Aggravated assault is a third-degree felony offense that carries, upon conviction, a maximum prison term of five years and/or a maximum fine of $5,000. Under Fla. Stat. § 784.021, someone who commits assault while possessing a deadly weapon or with the intention of committing any felony offense has committed aggravated assault. There are also various circumstances where someone charged with assault or aggravated assault may face enhanced penalties. One of these circumstances considers certain protected classes and people. Under state law, aggravated assault against any of the following people is considered a second-degree felony:- Law enforcement officers
- Staff members at a detention or commitment facility for sexually violent predators
- Elected officials or employees involved with a school
- Department of Children and Families investigators
- Individuals 65 years of age or older
- Any detained person or visitor in a correctional facility, if committed by another detainee
- Code inspectors