Will I go to prison for assault?

Depending on the grading of the offense for an assault-type crime, the court may have the discretion not to impose a jail or prison term as part of a sentence following conviction. A court may be less likely to sentence a defendant to incarceration for a less serious offense, especially if the victim did not suffer severe or permanent injuries. Some of the factors that the court might consider in deciding whether to impose a jail/prison sentence for an assault or battery conviction include: The nature and severity of the offense The harm suffered by the victim The defendant’s criminal history The defendant’s personal history, education, and medical/mental health The degree to which the defendant has accepted responsibility for their crime The defendant’s rehabilitative needs The need to protect the public from the defendant’s future criminal acts

How can an assault charges attorney in West Palm Beach, FL, help me resolve my case?

When facing assault and battery charges, you don’t have to stand up to the criminal justice system alone. Experienced criminal defense attorney Brandon Dinetz can advocate for your rights and interests and fight to secure the best possible resolution to your charges by: Investigating the case to recover additional evidence that may support your defense Evaluating case strategies and legal options to pursue a fair and favorable result in your case Explaining your charges, your rights, and the possible outcomes in the case to help you make informed decisions Challenging all aspects of the prosecution’s case against you, including filing motions to exclude evidence or reduce/dismiss your charges Presenting a compelling case at trial if you choose to defense your innocence and fight your charges

West Palm Beach Assault Crime Lawyer | Assault Charges Attorney West Palm Beach, FL

Brandon Dinetz Criminal Defense Attorney

Assault and Battery Charges Attorney in West Palm Beach, FL Defending Against Accusations of Violent Behavior in Palm Beach County, Broward County, Martin County, and Throughout South Florida

When the police have charged you with assault/battery in South Florida, don’t wait to talk to a West Palm Beach assault crime lawyer about your legal options. Attorney Brandon Dinetz has extensive legal experience in Florida’s criminal justice system, including both as a defense attorney and former prosecutor. He knows how the state pursues cases and uses his insight to develop tailored case strategies to fight for your rights and interests. Contact BD Law today for an initial case review to learn more about how we can help.

Understanding Florida Assault and Battery Laws

In Florida, a person commits the crime of assault when they make an intentional, unlawful threat by word or act to commit violence against another person, coupled with the apparent ability to do so, which causes that person to reasonably fear that such violence will imminently occur. Aggravated assault involves committing an assault with a deadly weapon without the intent to kill another person or committing an assault with the intent to commit a felony.

A person commits the crime of battery in Florida when they either intentionally touch or strike a person against their will or intentionally injure another person. The offense becomes felony battery when a person intentionally touches or strikes another person against their will and causes severe injury or permanent disability/disfigurement. Finally, a battery offense becomes aggravated battery when a person intentionally or knowingly causes severe injury or permanent disability/disfigurement, commits battery with a deadly weapon, or commits battery against an individual whom the person knows or should have known is pregnant.

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Penalties for an Assault Conviction

Under Florida law, simple assault constitutes a second- or first-degree misdemeanor, punishable by up to 60 days in jail and up to $500 in fines or up to one year in jail and up to $1,000 in fines, respectively. Aggravated assault constitutes a third-degree felony, punishable by up to $5,000 in fines and up to five years in prison.

Battery normally qualifies as a first-degree misdemeanor unless a defendant has a prior conviction for battery, felony battery, or aggravated battery, in which case a second or subsequent battery conviction becomes a third-degree felony. Felony battery also constitutes a third-degree felony offense. However, aggravated battery constitutes a second-degree felony, which carries penalties of up to 15 years in prison and up to $10,000 in fines.

Common Defenses to Assault Charges

In a criminal case involving assault or battery charges, the facts and circumstances of your case may determine your defense strategy. Common defenses that people facing assault/battery charges pursue to fight the prosecution’s case include:

Self-defense/defense-of-others/defense-of-property: One of the most common defenses to assault/battery charges includes claiming self-defense. However, a defendant who acts in self-defense may only use force proportional to the force employed by their assailant and sufficient to prevent injury to themselves or others.
Lack of intent: Defendants can contest assault/battery charges by arguing that they did not intend to put the alleged victim(s) in fear of imminent harm or to offensively touch or injure the victim(s).
Alibi/mistaken identity: A defendant may present evidence to prove that they were somewhere else when the alleged assault/battery occurred. Alternatively, the defendant may challenge the reliability of the victim’s or other eyewitnesses’ identifications.
Unlawfully obtained evidence/statements: Defense strategies may involve seeking to exclude the prosecution’s evidence on the grounds that investigators unlawfully obtained the evidence, such as by conducting searches without warrants or probable cause or questioning a suspect without informing them of their rights.
Lack of injury/deadly weapon: A defendant may seek to reduce the grading of an assault/battery charge by arguing that the evidence fails to show that the defendant had or used a deadly weapon in the alleged offense or that the alleged victim suffered the required severity of injury for the offense.

Contact BD Law Today to Discuss Your Options with an Assault Charges Attorney in West Palm Beach, FL

After getting arrested and charged with assault or battery, you need dedicated legal representation that can help you protect your reputation and future from the consequences of an arrest or conviction. Contact West Palm Beach assault crime lawyer Brandon Dinetz today for a confidential consultation to learn how BD Law will fight to obtain a favorable resolution to your criminal case.

West Palm Beach Assault and Battery Crime Lawyer