Have you been charged with assault in Polk County, FL? If so, you need an experienced defense attorney to represent you in court. Assault charges are difficult to defend in court because the system tends to err on the side of caution by believing the alleged victim. Hiring an attorney can have a significant impact on the outcome of your case.
Our criminal defense lawyer has over 25 years of experience and a proven track record. Attorney Thomas Grajek is one of the only four attorneys in Florida to have earned designation as a Forensic Lawyer-Scientist by the American Chemical Society. His extensive experience in criminal defense law equips him to handle the most complex cases.
Contact Thomas C. Grajek, Attorney At Law, or call us at (863) 688-4606 to schedule a free consultation with our Polk County assault defense lawyers.
How Thomas C. Grajek, Attorney At Law, Helps You with Assault Charges in Florida
The prosecutor in your case must prove all legal elements beyond a reasonable doubt for a conviction. However, even if you are innocent of assault charges, you need to present a solid defense. Assuming the justice system will treat you fairly and that the truth will win is dangerous.
Being arrested does not mean you do not have rights. An attorney helps protect your rights by challenging the evidence against you and presenting evidence in your defense. You may not have the resources to present an effective defense without an attorney.
When you hire our award-winning Polk County criminal defense attorneys, you can expect us to:
- Explain the nature of your charges and how the law applies in your case
- Investigate the circumstances leading to the assault charges
- Analyze the possible defenses to determine the best strategy for your case
- Gather evidence supporting applicable defenses
- Negotiate with prosecutors for favorable plea deals if taking your case to court is not the best strategy
- Aggressively defend your rights and advocate on your behalf if your case goes to trial
Our criminal attorney has top ratings and awards from national legal organizations. He is recognized by The National Trial Lawyers in their Top 100 list. Attorney Grajek is a member of the Florida Bar Criminal Law Section and the National Association of Criminal Defense Lawyers.
Call Thomas C. Grajek, Attorney At Law, to schedule a free case evaluation with an experienced Polk County assault defense lawyer.
Overview of Florida Assault Laws
In Florida, assault is a criminal offense defined by the intentional threat of harm, even without physical contact. Assault is divided into two categories: simple and aggravated assault.
Simple Assault
Assault is defined under Florida Statute §784.011. The legal elements of assault are:
- An intentional, unlawful threat of harm
- Made by speaking or committing an act
- With the apparent ability to do violence to someone
- Coupled with an act that creates a justifiable fear that violence is imminent
Unlike the charge of battery, assault does not require the offender to make physical contact with the victim. If the victim believes the offender can and will follow through with their threat, the offender could be charged with assault without ever touching the victim.
An example of assault includes verbally threatening a person by telling them you are going to hit them or shoot them. Non-verbal threats may include pointing a firearm at them or hitting an object with a bat and then pointing it at someone.
Aggravated Assault
Aggravated assault is defined in Florida Statute §784.021 as using a deadly weapon while committing an assault without the intent to kill the person. Displaying a weapon while threatening someone or in a menacing way could result in aggravated assault charges.
A deadly weapon is a weapon that could be used in a way that would likely result in great bodily harm or death. The courts have defined deadly weapons broadly to include driving a vehicle as if intending to strike someone or using a beer bottle to hit someone.
Aggravated assault also includes assault with the intent to commit a felony against the victim. For example, a person threatens someone with the intent to commit robbery or sexual battery.
What Are the Penalties for Assault Convictions in Florida?
Most simple assault charges are classified as second-degree misdemeanors. The penalty for a conviction of simple assault is a fine of $500 and up to 60 days in county jail. However, the prosecutor can increase the charge to a first-degree misdemeanor if the assault occurs during a riot. The conviction for a first-degree misdemeanor assault is a maximum fine of $1,000 and up to one year in county jail.
The penalties for aggravated assault are substantially greater. Aggravated assault is charged as a third-degree felony. The potential sentence is a maximum fine of $5,000 and up to five years in prison.
You may also experience one or more collateral consequences of an assault conviction. Potential collateral consequences include:
- Negative consequences for child custody and visitation
- Loss of government aid and housing
- Denial or revocation of a professional license
- Limited employment opportunities
- Impacts on immigration status
- Difficulty locating housing
- Being expelled from college
- The right to own and possess a firearm
The collateral consequences depend on whether you are convicted of a felony or misdemeanor and other factors in your case. Hiring an experienced assault defense attorney can help you mitigate the consequences of an assault charge.
Potential Defenses to Assault Charges in Polk County, FL
Your criminal defense lawyer investigates potential defenses to assault charges. The facts of the case and the evidence may support one or more defenses, such as:
- False allegations: Your attorney may uncover evidence that supports the argument that the victim fabricated the allegations of assault. Examples of evidence include testimony from witnesses of the alleged assault and people who can confirm the alleged victim’s motives. Inconsistencies with the victim’s statement and evidence undermining their credibility may be used to support this defense.
- Self-defense: Your attorney may argue that you were acting in self-defense. There must be evidence that proves your actions were necessary to protect yourself or others. You must also prove you believed you were at risk of imminent injury or death and that you responded with proportional force to avoid the threat.
- Insufficient evidence: The prosecution must prove beyond a reasonable doubt each element of an assault offense for a conviction. Your attorney may raise defenses to the evidence that presents an alternative explanation or an alibi for the time of the crime. The focus is to create doubt that you could have committed the assault.
- Consent: Your attorney presents evidence that proves the alleged victim consented to the conduct in question. Because of the victim’s consent, a crime did not occur. For example, the alleged victim consented to sexual conduct or a fistfight.
- Accident: Claiming that the alleged assault was unintentional could be a valid defense in some situations. Even though you may have threatened someone, you had no intent to injure or threaten them. This defense is often used when the situation involves unforeseen circumstances that are beyond the person’s control.
A skilled criminal defense lawyer will thoroughly investigate all potential defenses to assault charges, leveraging evidence and facts to challenge the prosecution’s case and protect your rights.
What Should I Do if I’m Charged with Assault in Florida?
Being arrested can be embarrassing, stressful, and frightening. However, it is important to remain calm and exercise your rights. The steps you take during and after an arrest could help or hurt your case.
If you are arrested for assault, things to keep in mind include:
- Do not resist arrest. Resisting arrest could escalate the situation and result in additional criminal charges.
- Do not give in to the urge to explain your side of the story. Talking to the police or answering questions without an attorney can hurt your defense.
- Exercise your right to remain silent. You must confirm your name and contact information. Otherwise, do not respond to questions or make a statement until you speak with an attorney.
- If you are arraigned before you speak with a lawyer, enter a plea of not guilty.
- Do not discuss your case with anyone other than a criminal defense lawyer. It is also wise to stay away from social media accounts. Do not post anything online about your case.
- Do not try to contact the alleged victim, their family, or friends. Contacting the alleged victim could be viewed as an additional threat.
- Gather the evidence you have, including a list of witnesses, text messages, emails, etc.
Schedule a consultation with an assault defense lawyer as soon as possible. An attorney guides you through the criminal justice process, providing advice and support during all phases of your criminal case.
Schedule a Free Consultation with a Polk County Assault Defense Attorney
Facing assault charges in Florida is a serious matter. You could face multiple penalties for a conviction. Call Thomas C. Grajek, Attorney At Law, to discuss your case with a Polk County assault defense lawyer. There is no charge for your initial consultation.