Dimond Kaplan & Rothstein, P.A.

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Assault & Battery (and Aggravated Assault) Charges in Florida

Have you or a loved one been charged with assault or aggravated assault in Florida? Don’t wait. Contact an experienced criminal defense lawyer to fight for your rights. The lawyers of Dimond Kaplan & Rothstein, P.A., located in West Palm Beach, FL can help.

 

In Florida, the crime of assault is defined by the state statute as follows: Assault is:

an intentional threat by word or act that seeks to physically harm another, coupled with an apparent ability to do so, which creates a well-founded fear in such other person that such violence is imminent.

Assault does not require an intent to injure. It is sufficient that a potential victim of an assault merely has reason to fear an immediate attack.

However, not all threats of violence can be considered to be criminal assault. For example, if someone yells at another person who is a great distance away, something to the effect of, “I’m going to get you,” and the person being yelled at is not fearful of an imminent act of violence, a charge of assault is unlikely. However, if that same person is confronting another at close quarters, and has an ability to carry out the threat, causing the recipient to fear that an act of violence is possible, indeed is about to happen, a charge of assault can be levied.

The crime of assault differs from the crime of battery. Battery only takes place when a defendant makes physical contact with a victim. To prove a battery case, a prosecutor must show that the defendant intentionally touched or struck the victim. Also, the physical contact must have been against the victim’s will and done without the victim’s consent.

Simple Assault

Simple assault is categorized as a second degree misdemeanor. It carries a sentence of imprisonment for up to 60 days and a fine that cannot exceed $500. However, because of the highly subjective nature of the offense, simple assault is not always an easy charge to prove.

In order to successfully prosecute someone for the charge of simple assault, it must be shown conclusively, and beyond reasonable doubt, that there was an overt intent to threaten the alleged victim; that there was an apparent ability to carry out the alleged threat; that the alleged victim had a “well-founded” fear of imminent violence; that the alleged victim didn’t provoke the threat; and that the alleged perpetrator wasn’t merely trying to defend himself or another. In addition, the word or act constituting the threat must be “willful and knowing” on the part of the defendant. An off-hand remark to harm another, without an actual intent to carry out the threat, is not enough to produce a conviction for assault.

Aggravated Assault

Aggravated assault is “an assault with a deadly weapon without intent to kill; or with an intent to commit a felony.” Aggravated assault is categorized as a third degree felony, which can result in a prison sentence and/or probation of up to five years and a fine of up to $5,000. In addition, a person found guilty of aggravated assault in Florida may be required to pay restitution to a victim for any expenses resulting from the crime, such as the cost of medical treatment or counseling.

In some cases, the crime of aggravated assault can carry enhance penalties, based upon certain factors, such as the characteristics of the alleged victim or the type of weapon used during the commission of the crime. For example, Aggravated Assault with a Firearm carries a minimum mandatory sentence of three years in prison. And, depending on the type of firearm used, or if it was discharged, or if someone was shot, the minimum prison sentence can be increased to up to 25 years.

Special Victims

In addition, aggravated assault against certain victims can be prosecuted as a second degree felony carrying a maximum sentence of 15 years rather than five. The following is a partial list of “special victims” if the assault occurs while the victim is engaged in the performance of his or her professional duties:

  • A law enforcement officer
  • A firefighter
  • An emergency medical care provider
  • A public transport employee
  • A parking enforcement officer
  • A licensed security officer
  • An employee of at a detention or commitment facility for sexually violent offenders
  • A code inspector

The following are also considered to be “special victims” and need not be engaged in the performance of any professional duties at the time of the assault offense:

  • An employee or investigator for the Florida Department of Children and Family Services
  • A person over the age of 65
  • A sports official during or immediately after a sporting event
  • A school employee
  • An elected official
  • A visitor or detainee in a jail or correctional facility.

Finally, if the victim of an aggravated assault is a law enforcement officer, corrections officer, state’s attorney or a judge, and the crime is committed because of the person’s employment status or while the victim is performing duties of employment, the court may not allow the offender to serve probation in lieu of prison or otherwise defer or suspend the sentence.

Legal Assistance for Assault Charges

If you or a family member been accused or arrested of an Assault, Battery or other Violent Crime in the West Palm beach or the greater Palm Beach County area, contact Michelle Suskauer at Dimond Kaplan & Rothstein, P.A.. We understand what is at stake and know how to protect your rights. Our legal team will explain the penalties you may be facing and analyze your case for possible defenses. Our top-rated criminal defense attorneys will personally work on your case, and have the necessary experience to help you plan and carry out your defense. Call us for a free consultation and allow us to review your case. When facing criminal charges it is important to have a compassionate, and aggressive attorney at your side. Contact us today for a free consultation.

 

suskauer-law-free-consultation If you or a loved one has been arrested or charged with a crime in Florida, and have questions or would like to schedule a free consultation to review your case, please complete the form below, and someone from our legal team will get back to you immediately.

West Palm Beach Criminal Lawyers that are…

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Top lawyer badges and recognition for Michelle Suskauer: Florida Trend's Florida Legal Elite for 2022, Top Attorneys & Rising Stars in Florida, 2022 Palm Beach Illustrated Top Lawyers, Florida Trend's Florida 500, AV Preeminent Lawyer Rating, Super Lawyers 2022, Top 100 Trail Lawyers, FastCase 50, Attorney.com Top Attorney Award Winner, and Avvo 10.0 Superb Rating for Criminal Defense Attorney, TopVerdict.com's Top 20 Jury Verdicts

Law Firm News

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  • Mitigating vs. aggravating factors in Nikolas Cruz sentencing trial? WPTV legal analyst Michelle Suskauer explains [Yahoo News]
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  • Michelle Speaks to Law.com About Judge and Warrant for Mar-a-Lago Search
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  • WPTV Legal Expert Michelle Suskauer Says Ghislaine Maxwell is Facing Serious Time
  • Legal Expert Michelle Suskauer Appears on News Channel 5 WPTV to Discuss Ghislaine Maxwell’s Guilty Verdict
  • Michelle Appears on WPTV to Discuss the Parkland School Shooting Change of Plea Hearing
  • Michelle Discusses Pro Bono Representation in Super Lawyers
  • Michelle and Her Dog Tucker Featured in the Daily Business Review
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Law Firm News

  • Michelle Speaks to MarketWatch About Alec Baldwin Manslaughter Charges
  • Mitigating vs. aggravating factors in Nikolas Cruz sentencing trial? WPTV legal analyst Michelle Suskauer explains [Yahoo News]
  • Legal Expert Michelle Suskauer Appears on News Channel 5 WPTV to Discuss Insanity Decision in Austin Harrouff Case.
  • Michelle Speaks to Law.com About Judge and Warrant for Mar-a-Lago Search
  • Legal Expert Michelle Suskauer Appears on News Channel 5 WPTV to Discuss Jury Selection for Parkland shooter Nikolas Cruz

West Palm Beach

Northbridge Centre
515 N. Flagler Drive,
Suite P-300
West Palm Beach, FL 33401

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Dimond Kaplan & Rothstein, P.A. serves all of Florida, including West Palm Beach, Palm Beach, North Palm Beach, Palm Beach Gardens, Jupiter, Tequesta, Royal Palm Beach, Wellington, Lake Worth, Boynton Beach, Delray Beach and Boca Raton.

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