Daytona Beach Assault Lawyer
Fighting for Clients In Deland, Daytona Beach and Throughout Central Florida
Assault is a crime in the State of Florida that does not require the defendant to touch the victim. Florida punishes those who are convicted of threatening another person. Assault is defined in Florida Statute 784.011 and a misdemeanor assault is classified as a second degree misdemeanor.
We have offices in DeLand and Daytona Beach and help clients throughout Central Florida fight their criminal charges.
To speak with an experienced Daytona Beach assault lawyer, give us a call at (386) 280-4977 or contact us online today.
What is Assault?
A person is found guilty of assault if the State of Florida is able to prove that (Fla. Jury Instructions 8.1):
- The Defendant intentionally and unlawfully threatened either by word or act, to do violence to the alleged victim.
- At the time of the threat, the Defendant appeared to have the ability to carry out the threat, and
- The Defendant’s act created in the mind of the alleged victim a well-founded fear that violence was about to take place.
Just because you make a threat, but do not actually harm an individual, it can still land you in jail. An assault is a specific intent crime, which means that the person charged with assault intended to threaten the alleged victim. Attorney Matt Thompson defended an individual who was carrying a firearm, shooting the firearm in the air, but did not point the firearm at anyone or threaten anyone specifically by word or act. The police charged this individual with an assault charge for every person who witnessed this individual acting erratically. While this person’s actions were not wise, they did not constitute a valid threat to an on-looker. Matt Thompson was able to get the case reduced to a misdemeanor and the Defendant was sentenced to a short period of probation.
What is Aggravated Assault?
Aggravated assault is a crime defined by Florida Statute 784.021. For an aggravated assault to occur, it is not necessary to have touched or even intended to touch the victim. An aggravated assault occurs any time a person threatens another with a deadly weapon, even if the person does not intend to kill or injure the victim.
Aggravated assault is considered a violent crime. You may be more familiar with the lesser crime assault. Assault is intentionally threatening, by word or act, to do violence to another and created well-founded fear in the mind of the victim. Unlike some other crimes, there is no element of intent to cause harm. The crime is the threat. So, even if you never touch or intended to touch the person, you can be arrested for assault. Aggravated assault has all of the same elements as assault, plus the threat must be made with a deadly weapon or with the intent to commit a felony on the victim.
What is Aggravated AssaultWith a Deadly Weapon?
What is a deadly weapon? According to the Florida Jury Instructions, a deadly weapon is a weapon that is “used or threatened to be used in a way likely to produce death or great bodily harm”. You’ll notice that the definition does not say that a deadly weapon is limited to something like a knife or a firearm. A deadly weapon can include a BB gun (Mitchell v. State, 698 So. 2d 555, 1997), or an automobile (Williamson v. State, 92 Fla. 980, 1926).
Aggravated Assault With a Firearm
If someone is charged with making a valid threat to another while in possession of a firearm, the result could be significant prison time. Aggravated Assault with a firearm, under certain circumstances, can result in a minimum mandatory prison sentence. A minimum mandatory prison sentence means that even the Judge cannot sentence you less than the minimum mandatory, the prison time can only become greater.
Aggravated Assault – With Intent to Commit a Felony on the Victim
Even if you do not carry a weapon when the assault is committed, it can be considered an aggravated assault is the State proves that the assault was done with the intent to commit a felony on the victim. For example, threatening another in the course of a robbery, even if you do not have a weapon of any kind, will count as an aggravated assault rather than an assault because a robbery is felony.
What Happens When You’re Convicted of a Felony?
Aggravated assault is a third degree felony, punishable by up to five years in prison, five years of probation, and a fine of $5,000. Having a felony conviction on your record can affect your employment opportunities and future success. Having a felony conviction for a violent crime can additionally influence your ability to own a firearm. If you are a student, felony convictions can prevent your admission to colleges, universities, graduate schools, and bar your ability to obtain scholarships and loans. With all of this at stake, hiring an experienced criminal defense attorney is a must. Matt Thompson has handled hundreds of assault and aggravated assault cases. He brings his experience as a former prosecutor to his defense practice. He knows what evidence the prosecution will use and works tirelessly to weaken the case that the State has against you.
Daytona Beach Assault and Aggravated Assault FAQ
What are the potential penalties for assault and aggravated assault in Daytona Beach?
Simple assault is typically a misdemeanor, punishable by fines and up to 60 days in jail. Aggravated assault, being a felony, carries more severe penalties, including up to five years in prison and significant fines. The specifics depend on the circumstances of the case and any prior convictions.
How can a defense attorney help with my assault or aggravated assault case?
A defense attorney can investigate the incident, gather evidence, question the credibility of witnesses, and explore defenses such as self-defense. They can negotiate with prosecutors for reduced charges or penalties and provide guidance throughout the legal process to protect your rights.
Can self-defense be used as a defense in assault cases in Daytona Beach?
Yes, self-defense can be a valid defense if you can demonstrate that you were protecting yourself from harm. Florida’s Stand Your Ground law may apply, allowing individuals to use force without retreating if they feel threatened. An attorney can help determine if this defense is applicable to your case.
What should I do if I am charged with assault or aggravated assault in Daytona Beach?
If charged, it’s important to remain calm and refrain from speaking to police without an attorney present. Contact a defense attorney immediately to discuss your case. They will help you understand your rights and develop a strategic defense plan.
Are plea bargains available in assault and aggravated assault cases?
Plea bargains may be an option, depending on the details of your case. This can involve pleading to a lesser charge or negotiating for reduced penalties. An experienced attorney can work with the prosecution to reach the best possible outcome for your situation.
What is the impact of an assault or aggravated assault conviction in Florida?
A conviction can have long-lasting consequences, including a criminal record, difficulty securing employment, and restrictions on certain civil rights. Aggravated assault convictions, being felonies, carry more severe implications than misdemeanors. Legal representation is vital to minimize these impacts.
How Our Daytona Beach Assault Lawyers Can Help
At Thompson Law, P.A., we are dedicated to providing top-notch legal services to our clients in Daytona Beach and the surrounding areas. Our team of experienced Daytona Beach assault attorneys is committed to delivering personalized and effective legal representation for a wide range of practice areas, including personal injury, family law, estate planning, and more.
When you choose Thompson Law, P.A., you can expect:
- Compassionate and responsive legal support
- Extensive knowledge and expertise in various areas of law
- Individualized attention to your specific needs and concerns
- Transparent communication and regular updates on your case
- A track record of successful case outcomes and satisfied clients
Whether you are facing a legal dispute, planning for the future, or seeking justice for a personal injury, our team is here to guide you through the legal process with skill and dedication. Contact Thompson Law, P.A. today to discuss your legal needs and schedule a consultation with one of our experienced Daytona Beach assault attorneys.
The Thompson Law Approach
Before you pay us a single penny, you will meet face-to-face with attorney Matt Thompson during your case evaluation. We begin every case by meeting with our potential clients and discussing the allegations. Thompson Law firmly believes in taking an individual approach with our clients. No two cases are the same, so we have abandoned the cookie-cutter approach used by other law firms, and instead focus on crafting a defense that is individual for your case. When you hire Matt Thompson, you gain all of his experience, expertise, and honesty. In addition to direct access to your attorney, our team will work with you every step of the way, keeping you informed about the progression of your case. When facing a felony conviction, having an attorney who is accessible and knowledgeable is not just a luxury: it’s a necessity. Call today for your free case evaluation, and let Matt Thompson be that attorney for you.
To speak with an experienced Daytona Beach assault lawyer, give us a call at (386) 280-4977 or contact us online today.
Our Settlements & Verdicts
-
All Charges Dismissed Domestic Battery
Client and his husband were involved in a verbal argument. The alleged victim contacted police against the claiming that he threw a glass of milk on him. Under the law, this is considered a battery. Attorney Thompson represented the Client on both the criminal case and the injunction and both were dismissed.
-
Charges Reduced to Simple Assault Aggravated Assault with a Firearm
At the time these charges were filed, the State of Florida had a 3-year minimum mandatory for Aggravated Assault with a Firearm. Neighbors of the Client claimed that he pointed a shot gun at them and fired over their heads when they came onto his property. Police came out the following day and arrested the Client. Attorney Thompson found a CAD report where the police had investigated the crime the night of the incident and determined that there was insufficient evidence of the arrest. Attorney Thompson
-
No Criminal Charges Filed Public Assistance Fraud
Attorney Thompson and Client reviewed case and met with Department of Revenue investigators to explain the discrepancy. In doing so, the State determined that they would not seek criminal charges, but offered a repayment plan through non-judicial means.
-
No Charges Filed and Prevented Arrest Grand Theft
Client was caring for her special needs sister. While caring for her she received advice from bank personnel to place her sister’s Disability Checks into a bank account in the Client’s name to avoid other family members from stealing money. Once the family members discovered this they called the police to investigate the Client. Attorney Thompson put together documentation showing how the money was being spent and met with police to further explain the situation. The police determined that there was no
-
Charges Reduced Domestic Battery
Attorney Thompson provided a letter outlining defenses in case. State reviewed letter and spoke to the witnesses and offered to reduce the charges to a non-violent disorderly conduct with no jail and no probation.
-
All Charges Dismissed Child Abuse Battery
The Client was entangled in a contentious divorce where her ex-husband used the criminal legal system to try to gain leverage against the Client in the family law courts. Attorney Thompson was able to provide documentation, witness statements, and a certificate of completion of a parenting class to get all charges dismissed against the client.