Tampa Assault Lawyer

Tampa Assault Attorney

Charges of assault can stem from a variety of circumstances and for a variety of reasons. Whether it is a fight resulting from an argument with someone on the street or a case of domestic violence, facing these charges can be life-altering. If you have been arrested under these circumstances, you deserve legal help from a Tampa assault lawyer with the knowledge and experience to defend you against your charges.

At Paul Figueroa Law, we can help you form a defense that is designed to meet the needs of your case. Our firm can investigate to understand not only why you are charged but the circumstances in which the charges were filed. We then work toward acquittal, a reduction in charges, or an outright dismissal.

Assault Charges

The Florida statutes 784.011 and 784.012, state the elements for assault and aggravated assault. Assault is the threat to cause harm to another through word or action. This threat is also accompanied by the apparent ability to carry out the threat, causing the person who is threatened to believe that harm will come to them. Acts of assault are considered either a first- or second-degree misdemeanor, depending on the circumstances.

If you are arrested for aggravated assault, you could then face a felony charge as opposed to a misdemeanor. This type of charge is considered a third-degree felony. To be charged with aggravated assault, you must have committed simple assault with the use of a deadly weapon or the intent to commit a felony.

Often, assault is combined with the crime of battery, but the charges are indeed separate. The combination of additional charges could change how you are penalized if you are found guilty.

Penalties for Assault

Assault charges are taken extremely seriously due to the nature of the crime. Because of this, law enforcement seeks to curb these types of offenses. The state also supports these efforts with penalties that not only mean jail time or fines but also a criminal record, which will follow you through employment, housing, and higher education opportunities. If you are charged with simple assault, the circumstances could be a first- or second-degree misdemeanor resulting in any of the following penalties:

• Jail time for up to one year
• Probation for up to one year
• Fines of up to $1000

If you are found guilty of aggravated assault, your penalties could result in any of the following:

• Prison time for up to five years
• Probation for up to five years
• Fines of up to $5000

If the victim of the aggravated assault is a member of a protected class, then the aggravated assault will increase one degree. For example, if an individual commits an aggravated assault on person over 65 years of age it is a second-degree felony instead of a third-degree felony.

Which charges and penalties you face are a matter of the circumstances under which you were arrested. Because the penalties can quickly increase if there are aggravating or mitigating circumstances, it is important to secure the help of an attorney from the moment of your arrest. A skilled attorney can not only review the charges but ensure that your rights are protected.

How We Can Help

Our team tailors your defense to the circumstances you face. However, to find you guilty, there must be proof beyond a reasonable doubt of the following:

1. You willfully made a verbal or physical threat to another individual that you intended to cause them violence.
2. There was an apparent belief that you could carry out that violence.
3. The alleged victim believed that, based on the first two circumstances, there was imminent danger toward them.

For an aggravated assault there is an additional element that must be proven. In order to prove aggravated assault, the state must prove that the assault occurred with a deadly weapon or with the intent to commit a felony.

Your defense does not have to prove that these didn’t happen; we only need to create doubt that, under the circumstances of your arrest, these may be true. To do that, we may find that any of the following circumstances may be true:

• You were provoked into making the threat in response to the victim.
• You were acting in self-defense or in defense of another person or property.
• You made physical contact with the victim, but the victim provided consent.
• While threats may have occurred, they could be considered vague or conditional.
• You were arrested under false accusations.
• The witnesses may be dishonest or unreliable.

These are just a few of the ways that our criminal defense attorney could raise doubt in your case. We work to research and understand your circumstances to ensure that the right approach is used on your behalf.

FAQs

Q: How Much is an Assault Charge in Florida?

A: The total costs associated with an assault charge in Florida could vary. In addition to your attorney’s fees, the circumstances of your charges could have a role in the final total you could face. If your charges are for simple assault, your attorney fees and potential fines could be relatively low. However, if you are charged with aggravated assault, both your attorney fees and penalty fines could significantly increase.

Q: What Constitutes Assault in Florida?

A: Assault in Florida is the intentional act of threatening, verbally or physically, another individual with harm. In addition to this threat, there must be a clear belief by the alleged victim that you are capable of carrying out the threat and that the danger to themselves is imminent. However, there could be aggravating or mitigating circumstances that influence the final penalties. Aggravating circumstances could mean that the assault charge is no longer considered simple, which could result in higher penalties.

Q: How Much Does a Criminal Lawyer Charge in Florida?

A: The costs associated with hiring a criminal lawyer in Florida depend on the circumstances of your case. Generally, the lawyer’s skill, experience, facts of the case, and the time a lawyer needs to invest in your case will influence the cost. Lawyers will conduct investigations, interview witnesses, collect evidence, and negotiate on your behalf. If the circumstances of your case are complicated, they may need to invest more time in it. Inquiring about costs during your initial consultation is always recommended.

Q: Is Pushing Someone Assault in Florida?

A: Pushing someone is not assault in Florida. Often confused with assault, the intentional act of physically touching someone is actually referred to as battery. Assault is the verbal or physical threat or intimidating act, while battery is the actual physical contact. These two charges are often put together, which is why many people are charged with both. However, they are actually two separate charges.

Contact a Tampa Assault Lawyer for Legal Help

If you are arrested for assault, it is important that you have legal help on your side as quickly as possible. The criminal justice system can be confusing, and you deserve a Tampa law firm on your side that can not only help answer your questions but work with you to navigate the complications ahead. With Paul Figueroa Law, you can get the knowledge and experience that you deserve. Contact our offices today.