An assault charge stems from a variety of circumstances. Under state law, it is considered a violent crime. Prosecutors vigorously pursue assault charges, and you could face especially harsh penalties if convicted. If you were charged with an assault crime, you need to hire a skilled criminal defense attorney who knows how to protect your constitutional rights.
A seasoned Clermont assault lawyer knows how to present a solid defense to your charges and seek a favorable resolution to your criminal case. A proper defense may result in dismissal of the charges, lesser penalties, and other beneficial outcomes.
Defining Assault in Clermont
Under state law, multiple charges could classify as an assault offense. Many people do not understand the phrase assault and battery. It can be uncertain whether this is one charge or multiple charges. According to the law, assault is a separate crime from battery
Assault Charges
There are two main classifications of assault under state law:
- Simple Assault: According to Florida Statutes § 784.011, a person who inflicts fear of impending violence is guilty of a simple assault. That person could face up to sixty days in jail and a fine of up to $500. However, a simple assault on a police officer or other special victim could be a felony.
- Aggravated Assault: Assaults that involve weapons or serious threats could result in a third-degree felony charge. This could result in a prison sentence of up to five years and a fine of up to $5,000.
Battery Charges
Battery charges also come in two main forms:
- Simple Battery: A simple battery causes physical harm to a victim. This crime usually occurs via physical contact. It is a misdemeanor punishable by up to one year in jail and a fine of up to $1,000.
- Aggravated Battery: An aggravated battery occurs with more severe physical harm, the use of a weapon, and other situations. It is a third-degree felony charge that could carry up to five years in prison and, at most, a $5,000 fine.
Assault and battery charges are closely related but have significant differences. A knowledgeable attorney in Clermont could help their client understand the variations in assault charges and how these differences apply to a particular case.
Defenses to Assault Charges
Facing assault or battery charges is serious. A person accused of this crime may face life-changing penalties and felony charges. To defend an assault case, a well-practiced lawyer in Clermont may:
- File a suppression motion to keep out illegally collected evidence
- Prove mistaken identity
- Show that an aggravated charge should be a simple charge
- Negotiate a plea to reduce the probable charges or penalties
- Show reasonable doubt to secure an acquittal
These defense strategies and many others could result in dismissing or reducing the impact of an assault case.
Allow a Clermont Assault Attorney to Represent You
You have a constitutional right to fight back against a prosecutor’s charges and defend your case. With the help of a dedicated legal team, you have the tools to investigate your assault charge and build a defense that fits your needs.
Let an experienced Clermont assault lawyer represent you and protect your rights. Contact us today to learn about your options.
