Fort Lauderdale Assault Attorney
People are often arrested for assault in Florida when they threaten another person with harm but do not follow through on the threat. Fl. Stat. 784.011 defines an assault as " an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well founded fear in such person that violence is imminent." A simple assault that does not involve a weapon is a second degree misdemeanor in Florida. Aggravated assault is a third degree felony which carries a maximum penalty of up to five years in state prison. There are many defenses which can be utilized to defend an individual who is being charged with assault in Florida. Self defense, defense of others and Stand Your Ground are some examples. If you have been arrested or are being charged with assault it is important to have an experienced and aggressive criminal defense attorney handle your case if you are hoping to achieve a successful result. Broward criminal lawyer Antonio D. Quinn, Esq. has handled many self-defense and stand your ground cases in the Broward Courts. Call today for a free case evaluation of your assault case.
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In order to be convicted of assault in Florida, the prosecution must demonstrate that the individual who was arrested had an intent to cause a fear of harm in the victim and further it must be demonstrated that the individual possessed the present ability to carry out the threat. It is not necessary to prove that the individual intended to harm the alleged victim in an assault case. The defense of consent can also be utilized in assault cases if the circumstances reflect that the alleged victim may have been complacent to the alleged assault.
An aggravated assault occurs when an individual utilizes a "deadly weapon" during an assault or where there was an intent to commit a felony. A deadly weapon is defined as any object which is threatened to be used is a way that is likely to produce death or great bodily harm. Aggravated assault is a third degree felony in Florida. Aggravated assault is a serious crime in felony and it is imperative that you retain experienced counsel if you are arrested for aggravated assault in Broward County. If a firearm is utilized during the commission of an assault, then he individual will be facing a 3 year minimum mandatory prison sentence. Assault attorney Antonio D. Quinn, Esq. has a great deal of experience handling assault cases and he has handled many "stand your ground" hearings. If you have been arrested for either simple assault of aggravated assault in Broward County, contact Quinn Law, P.A. today to set up a free case evaluation.