At the law firm of Michael J. Griffith, P.A., we realize we are all prone to a simple error in judgment or weak moment from time to time. When a mistake or angry moment leads to assault charges, it is important not to compound your mistake by accepting the harsh penalties that often stem from a conviction. After all, many assault charges stem from arguments that went too far, drunken moments that get out of hand or simple misunderstandings.
Our Pensacola assault lawyers leverage more than 40 years of experience to offer skillful and aggressive defense against assault charges filed in the Florida Panhandle area, including Escambia and Okaloosa County. Rather than let your future be irrecoverably harmed by an assault conviction, we fight to limit the penalties stemming from a conviction.
To do so, we will carefully examine your case and the events leading to your arrest to pinpoint weaknesses in the prosecution’s evidence or witness statements. Any information gained during our search will then be used to apply pressure on the prosecution to reduce or dismiss your charges, or to offer favorable plea terms that help you avoid the many penalties stemming from a conviction, including:
Hefty fines
Probation
Jail time
Court ordered anger management counseling
Contact our Pensacola assault attorney at the law firm of Michael J. Griffith, P.A. - Free consultation. Call (850) 495-7977 or contact us online today!
Understanding Assault Charges In Florida
In Florida, assault is defined as an intentional, unlawful threat by word or act to do violence to another person, with the apparent ability to carry out the threat, and which creates a well-founded fear in the other person that such violence is imminent.
It’s important to note that no physical contact is required for an assault charge. If that is the case, you would also face battery charges.
What Are The Penalties For Assault In Florida?
In Florida, the penalties for assault can vary depending on whether the charge is for simple assault or aggravated assault. Here’s a breakdown:
Simple Assault
Simple assault is typically charged as a second-degree misdemeanor. The penalties for a conviction can include up to 60 days in jail and fines of up to $500. You might also be placed on probation instead of or alongside jail time. Community service may also be required as part of your sentence, and anger management classes are often mandated.
Aggravated Assault
Aggravated assault is a more serious offense and is generally charged as a third-degree felony. If convicted, you could face up to 5 years in prison and fines of up to $5,000. Additionally, probation might be imposed either in place of or alongside prison time. Your sentence may also include community service, and you could be required to pay restitution to the victim for any damages or losses incurred.
The exact sentence can be influenced by several factors, including:
Criminal History: Prior convictions may lead to harsher penalties.
Use of a Weapon: If a weapon was involved, the charges might be more severe.
Victim's Status: Assaulting a law enforcement officer, firefighter, or other protected individual can result in more serious charges and penalties.
Severity of Threat or Harm: The nature of the threat or harm, even if no physical contact occurred, can impact sentencing.
In some cases, diversion programs or pre-trial interventions may be available, especially for first-time offenders.
What Are The Potential Defenses Against Assault Charges?
If you’re facing assault charges, several potential defenses could be used depending on the specifics of your case. Here are some common defenses against assault charges:
Self-Defense or Defense of Others
Defense of Property
Lack of Intent
False Accusations
Insufficient Evidence
Mistake or Misunderstanding of Your Actions or Words
Coercion or Duress
Mental Incapacity or Illness
Unlawful Arrest or Search
Our assault attorney can help you build a strong defense strategy for your case. Call us at (850) 495-7977 or reach out online to schedule a consultation.