Assault – Florida Statute 784.011
Experienced lawyer aggressively defending assault charges.
Under Florida criminal law1, the offense of “assault” occurs if a prosecutor can prove that you intentionally threatened a person with violence and your actions created a well-founded fear in the victim that harm was imminent. You do not have to actually harm or even make contact with anyone in order to find yourself facing assault charges. The following are some common examples of actions that may result in Florida assault charges:
- “Swing and a miss”–you swing at someone as if to punch them but miss
- Driving a car toward another person as if to hit them
- Threatening someone with a weapon, such as a glass bottle, baseball bat, or firearm
You may be convicted of assault even if you never intended to actually harm anyone as a prosecutor must only prove that you intended to cause fear of harm. Proving intent can be very subjective and, therefore, many people are wrongfully convicted of assault when what occurred was simply a misunderstanding. For this reason, you should always contact an attorney who has experience defending this type of charge if you have been arrested under suspicion of assault.
Florida criminal defense lawyer Stephen G. Cobb has defended numerous assault cases and fully understands the possible legal defenses available under Florida law. If you have been arrested for or charged with assault, contact our office at (850) 669-5882 for help as soon as possible.
Penalties For Assault in Florida
Depending on the circumstances of a particular case, a prosecutor may charge assault as a misdemeanor or felony. The following are some possible assault charges:
- Misdemeanor assault, non-domestic
- Misdemeanor assault, domestic
- Felony aggravated assault, non-domestic
- Felony aggravated assault, domestic
- Felony aggravated assault with a firearm
The potential penalties you may face will depend on how the offense was charged and on any aggravating factors that may be alleged. For example, if you are convicted of simple assault, you may receive a second-degree misdemeanor on your record and may receive up to 60 days in jail, fines, or probation. On the other hand, if the prosecutor alleges that a firearm was involved, you may receive a serious felony conviction on your record, with a sentence of 10 years in state prison if you pulled out the gun or 20 years in prison if the gun was fired. As you can see, the penalties for assault can become very serious very quickly depending on the circumstances of your case.
Contact An Experienced Florida Criminal Defense Attorney For Assistance
Many people facing assault charges believe they can handle the case on their own, and may even ask family or friends to contact the alleged assault victim to try to convince them to “drop the charges.” You should never do this, however, as only a prosecutor has the ability to dismiss criminal charges and, if the prosecutor learns that someone has been in contact with the victim, they may even issue charges of witness tampering–a third degree felony.
If you have been arrested for assault, you should never try to handle your case on your own. Instead, contact the highly skilled legal team at the Cobb Criminal Defense Law Firm in Northwest Florida for assistance as soon as possible. We will thoroughly investigate your case and provide aggressive defense representation to protect your rights in all types of assault cases.
"My wife and I picked Stephen Cobb to represent me, not only because of his stellar reputation as an attorney, but because of his principles, which has inspired me to remain true to my own."Dan
"Thank you and Mr. Cobb so very much regarding your excellent services concerning this important matter."A Satisfied Client
"I could not be more satisfied with the final outcome. If you need a trustworthy, professional and honest attorney, Mr. Cobb is your man!"S. S.
"Mr. Cobb is very knowledgeable and will take the time to understand and communicate with you in a timely manner."Dreeana A.