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.
Client-Focused. RESULT-DRIVEN.
Working Closely with You To Build a Strong Case
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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.
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All Charges Dismissed Aggravated Battery on and Elderly Person
The Defendant and his wife allowed the wife’s elderly mother to come to their home and remove her personal items. During this time the mother began to yell obscenities and attacked E.B. Both parties tried to remove the mother from the home and prevent further physical violence. The mother contacted police and stated that she had been attacked. Attorney Thompson contacted the State Attorney’s Office and met with opposing counsel before charges were filed.
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All Charges Dismissed Domestic Violence
Client was texting a friend when her significant other tried to grab for her phone. When the client tried to pull away, the victim claimed that he was battered and the client was arrested and brought before DCF due a child being in the house. Attorney Matt Thompson wrote a letter to the State explaining the discrepancy in evidence and claimed that the client was in fact moving away from the victim and did not intentionally try to hit the victim. All charges against the client were dismissed.
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All Charges Dismissed Resisting an Officer Without Violence
The Client was attending a wedding and stayed in a hotel after the reception. Someone called the police regarding a noise complaint. When the police arrived, the Client would not allow the police to enter his hotel room. The police forced entry and arrested the Client for Resisting and Officer Without Violence. Attorney Thompson provided case law to the State that shows that the police officer did not have the right to enter the hotel room and arrest the Client.
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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.
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All Charges Dismissed Robbery
Attorney Thompson met with the Client soon after his arrest. It was clear that the person who was in the vehicle with the Client was the person guilty of committing the robbery and that the Client was more of a bystander. Attorney Thompson provided information to the State Attorney’s Office to separate the Client from the co-defendant. The information provided to the State resulted in all charges against the Defendant being dismissed.