Assault

Assault Criminal Defense in Estero, FL

You have probably heard the phrase “assault and battery” before without actually understanding the legal distinction between the two terms. It is rather simple to explain. Under the law, assault is when someone makes an “unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.” Battery, in contrast, is when you actually use unlawful force against someone.

This means that assault does not require any proof that someone was injured. The mere attempt to harm them is sufficient for a conviction. And while simple assault may be a misdemeanor depending on the law, there are circumstances where a person can be charged with felony assault. That is why it is always crucial to work with an experienced criminal defense attorney whenever facing any type of assault charge.

How Does the Prosecution Prove Assault?

Like any criminal offense, there are certain elements that a prosecutor must prove beyond a reasonable doubt before a jury may convict someone of assault. These elements break down as follows:

• The defendant engaged in some act that can be considered an “application of force.” This does not have to be something as overt as punching the victim in the face. Even something seemingly harmless as spitting at the victim may be construed as an application of force.
• The application of force was willful. That is, the defendant committed the act intentionally. Whether the defendant intended to harm the victim is irrelevant.
• The defendant must have known their action could lead to the application of force. Again, this speaks to the lack of any requirement that the defendant intended to harm anyone; the defendant must simply have known there was a chance someone might be injured by their intentional act.

Misdemeanor vs. Felony Assault

As previously noted, simple assault may be considered a misdemeanor, depending on the law. This means that in practical terms, a conviction only carries a relatively short jail sentence and a fine. But this is only a baseline. There are aggravating factors that can easily elevate an assault charge.

For example, if you assault a law enforcement officer, firefighter, or emergency services worker, or other protected class of worker, the penalties are substantially increased.

Assault may also be charged as a felony when it involves the use of a “deadly weapon.” In this context, the weapon can be a gun, a knife, or anything else that might cause bodily injury. Once again, assault does not require the deadly weapon actually cause harm. If you get into a bar fight, for instance, and throw a broken beer bottle at someone, that could qualify as assault with a deadly weapon.

So as you can see, criminal assault is not something you should ever take lightly. If you have additional questions or need legal representation in connection with an assault charge, contact Diane Gonzalez, Attorney at Law today.