Key Largo Assault Defense Lawyer

Experienced Assault Attorneys Challenging Threat Allegations in Key Largo, FL

Situations where people are accused of acting violently toward others can lead to criminal charges. While some violent crimes may involve injuries or other forms of physical harm, a person could be charged with assault even in a situation where no physical contact ever took place. Whether a person is accused of simple assault or the more serious offense of aggravated assault, the consequences of a conviction can be serious.

Determining how to defend against assault charges can be crucial, since a conviction can lead to multiple types of penalties, including a criminal record and long-term damage to a person's relationships with others. At Keys Criminal Defense, PLLC, our attorneys can help people who are facing assault charges determine their best options for defense. We will work to protect the rights of our clients throughout all stages of criminal cases while defending against misdemeanor or felony convictions.

How Florida Law Defines Assault

Assault is addressed in Florida Statute 784.011, and it generally involves threats to harm someone else. A person can be charged with assault if they make verbal threats or take physical actions that indicate that they intend to do violence, and the other person experiences a fear that they will suffer immediate harm because of what a person said or did.

To convict a person of assault, a prosecutor will need to show that their actions were intentional and unlawful, that they behaved as if they were capable of carrying out their threats right away, and that the alleged victim genuinely and reasonably believed that violence was going to occur. Assault offenses may be charged separately from battery, which will typically involve contact or physical harm.

In many cases, assault charges may be filed when people are involved in arguments or disputes and are accused of behaving aggressively or threateningly. A person who allegedly raised their fist or made a threatening gesture toward another person may be charged with assault, even if they never threw a punch. Verbal threats in which a person allegedly stated that they intended to cause harm, when accompanied by threatening actions or behavior, could also lead to assault charges.

Penalties for Simple Assault

Assault charges as described above are often referred to as "simple" assault. In many cases, these offenses will be charged as second-degree misdemeanor offenses. The penalties for a conviction may include up to 60 days in jail and/or a fine of up to $500. A person who is accused of committing simple assault during a riot could be charged with a first-degree misdemeanor, which could lead to penalties including up to one year in jail and fines as high as $1,000.

Aggravated Assault Charges and Penalties

Some assault charges may be more serious due to aggravating circumstances. Aggravated assault, which is defined in Florida Statute 784.021, may involve the use of a deadly weapon or the intent to commit another felony, such as theft or robbery. A deadly weapon could include a gun or knife, but other objects that could be used to inflict injuries may also apply, including a broken bottle, a hammer, a baseball bat, or a vehicle. In these cases, a person could be charged with a third-degree felony, and a conviction could lead to a prison sentence lasting as long as five years, as well as possible fines of as much as $5,000.

Defense Options in Assault Cases

Charges of assault may be based on accusations made by an alleged victim, and the testimony of other witnesses could also play a role in a case. Our lawyers can help clients determine how to address these accusations and defend against convictions. We may argue that a person was acting in self-defense. People in Florida are allowed to take actions to protect themselves and others from potential threats, so we may be able to show that a person's words or threatening gestures were necessary to avoid harm related to another person's aggressive conduct.

We may also be able to dispute whether an alleged victim of assault had a genuine fear that they would suffer imminent harm. This may involve showing that our client did not act in a way that could cause a reasonable person to fear that they would suffer violence or that our client did not appear to have the ability to carry out an alleged threat. Evidence such as video footage from security cameras, videos captured by cell phones, or testimony from witnesses may play a role in these cases.

For clients who are charged with aggravated assault, we may argue that an item they were carrying or using did not qualify as a deadly weapon. We can take steps to challenge the claims made by prosecutors as we work to prevent clients from being convicted.

Protecting the Rights of Clients in Assault Cases

Our attorneys will fully review the evidence involved in a criminal case where a person has been accused of assault. We can obtain statements from witnesses, review video footage, and determine whether physical evidence collected from the scene of an arrest may play a role in a case. We can identify any inconsistencies in the statements made by an alleged victim, and we can review whether valid self-defense claims may be made.

We will also look at whether police officers followed the proper procedures during an investigation and arrest. Any violations of a person's constitutional rights that occurred may serve as a basis for challenging charges of assault. When appropriate, we may take steps to resolve a case by negotiating with prosecutors to reduce charges, but when necessary, we will prepare to take a case to trial and advocate for an acquittal. At all times, our goal will be to protect our client's rights while working to achieve results that will minimize the impact on their freedom, their criminal record, and their future.

Contact Our Key Largo, FL Assault Attorneys

Because of the consequences of assault charges, a strong defense is essential in these situations. At Keys Criminal Defense, PLLC, our attorneys can fight on behalf of clients and help them resolve their criminal cases successfully. Contact our Key Largo, Florida assault defense lawyers at 305-324-7888 to schedule a free consultation.