Assault is governed by Florida Statute 784.011 and is considered a second degree misdemeanor, punishable by up to 60 days in a Florida county jail and a $500 fine. Defined, this crime is an intentional, unlawful threat by word to do violence to the person (body) of another with an apparent ability to do so, AND doing some act which creates a well founded fear in another that violence is imminent. Assault requires no touching of another and no physical injury as does a battery. Simply explained it is a threat upon another person followed by an overt act causing the victim to reasonably fear that they are about to be on the wrong end of a violent act. Though the most minor of misdemeanors, this charge carries its strength in its collateral punishment. This kind of allegation is considered a “violent crime” despite no injury, and can have a devastating effect on an individual seeking employment, housing, or an opportunity at higher education. attorneys at The Mayberry Law Firm have both prosecuted and defended hundreds of individuals accused of these kinds of crimes and have the know how and skill to earn you the best result possible. If you’ve been charged with this crime beware the collateral consequences an adjudication of guilt may have. Contact the experienced Tampa assault lawyers at The Mayberry Law Firm today and allow us to guide you through this troubling time.DEFENSES
Unlike battery where there is often visible injury, a simple threat to another a very defensible crime. If a threat is made but our attorneys can show there was no apparent ability to act upon the threat, we can defeat the allegation. Merely making a threat with no apparent ability to carry it out cannot lead to a reasonable fear in a victim that violence is imminent. The key to this charge is the notion that the violence threatened is going to occur right then and there and an overt act is performed to indicate the threat is going to be acted on.
An additional defense commonly available is the lack of an overt act or gesture leading someone to believe you are about to carry out your threatened act. What is necessary to turn a threat into an assault, is some act that takes the interaction from an intense conversation to a physical threat. An example would be a threat to punch someone in the face, followed by throwing a punch that doesn’t make contact with the other person. Another would be a threat to beat someone up followed by running toward that individual. Some act in addition to the threat is always necessary for this allegation to be valid.HOW WE CAN HELP
The Tampa criminal attorneys at The Mayberry Law Firm are skilled and experienced at helping individuals facing these allegations. We have traditionally been able to prevent charges from being filed by displaying that a well founded defense is available to our client. If the State can surely prove the crime’s elements and has eyewitnesses, Tampa criminal lawyer Jason Mayberry can often, depending on the client’s criminal history, negotiate a pretrial diversion offer thereby allowing our client an opportunity to avoid criminal charges. If neither of the prior options are available and facts are permitting, our attorneys have the trial experience necessary to mount a zealous trial defense to see you through to an acquittal. If you’ve been charged with simple assault or aggravated assault in Tampa, contact our criminal attorneys at 813-444-7435 today for a free consultation.