CLEARWATER CRIMINAL DEFENSE ATTORNEY
FINDING THE BEST RESULTS FOR ASSAULT ARRESTS:
Robert tells you about Assault & Aggravated Assault with Defenses, Penalties and how to find the Best Possible Outcome for your case.
- There’s a defense where there’s no real fear of imminent harm. For example, someone threatens to slash your tires. There’s no real threat of imminent harm so the charge has no merit; however there may be a criminal mischieve if the tires are slashed.
- There’s also the conditional threat defense. For example, a road rage situation one driver tells another that he’s going to beat him up once his gym training is complete in six months. The threat by being conditional is not sufficient for a criminal charge.
LESSOR INCLUDED CRIME OF SIMPLE ASSAULT WITHIN AGGRAVATED ASSAULT
Aggravated Assault have what are known as lesser included charges within them. A Clearwater criminal defense lawyer must take action as soon as possible to persuade the prosecutor or his supervisors to file the charge as a misdemeanor rather than a felony. If police charged a simple battery then my goal will be to persuade Pinellas Jury where Pinellas Criminal Defense Attorney Robert Hambrick defends assault prosecutors to no file the case.
In assualt cases it’s very important to present an immediate and effective defense by marshalling all of the facts so the prosectuor and the judge see your side of the story.
When you or someone you love faces jail it’s important to find an advocate who is skilled, smart and trustworthy. As a former prosecutor in Pinellas county, Robert knows both sides of the criminal defense system giving him an advantage in being able to anticipate the strategies of the prosecution.
THE FLORIDA LAW OF ASSAULT
- A simple assault is a second degree misdemeanor and as you can see from the statute below an assault is an intentional, unlawful threat by word or act to do violence to someone with the apparent ability to do the violence while doing an act which creates in the victim a fear that violence is imminent. An example of a simple assualt would be threats to beat someone up, making a fist and taking a swing at the victim, but missing him; but note that the unlawful threat can be by ‘word or act’, meaning that mere words can be enough to induce fear in someone for a charge to be sustained by the Court under Florida Law. Pinellas Courtroom at the Criminal Court Complex.
- An aggravated assault is a third degree felony punishable by up to five years in prison. It is the same as the definition for assualt given above except that the assault is with a “deadlyweapon”…for example if instead of making a fist in the example above one were to take out a gun, knife or other deadly weapon causing fear in the victiim the result would be an aggravated assault. The term deadly weapon under Florida Law as used in Clearwater Pinellas and all of Tampa Bay is broadly construed – meaning that local courts in Clearwater have found that a car, a motorcycle, an axe could all be used as deadly weapons for a charge to be sustained by a Judge.
FLORIDA ASSAULT CASES WITH SPECIAL VICTIMS & ENHANCED PUNISHMENT:
Some categories of victims receive special treatment under Florida Law which may result in enhanced punishment, stiffer sentences and mandatory minimum jail time. For example, if a firearm or weapon was used during the alleged assault penalties faced will be much greater (see video above).
In cases of allegations of Domestic Violence a Tampa Bay a Deputy must make an arrest of one of the inhabitants of a home if there is any sign of violence or threat of violence such as an assault so it’s vitally important to contact a Pinellas assault defense lawyer who knows the best solutions for your paticular Domestic Violence situation.