Assault Lawyer in West Palm Beach
Did you know that the prosecutor can charge you with assault even if you did not injure anyone? The prosecutor can charge you with assault if he or she believes you made a credible threat of harm against another person. If convicted, you face jail time and a fine. Moreover, penalties can increase if you use a deadly weapon during the altercation.
You might think that if you have been charged, a guilty verdict is a foregone conclusion, but that is not the case. The burden of proof rests with the prosecution, and you can mount a vigorous defense.
Ronald S. Chapman has over 34 years of experience defending people against assault and aggravated assault charges. Reach out to our firm today to schedule a consultation with our West Palm Beach assault lawyer.
Possible Assault Defenses
Your assault attorney in West Palm Beach will discuss the events with you and review the evidence. Then your lawyer will mount a defense to challenge the prosecutor’s case. Some possible defenses include:
- You acted in self-defense
- Your actions were justified
- You were standing your ground
- The alleged victim made false allegations against you
- The evidence does not prove that you intended to threaten the other person
What Is Simple Assault?
Simple assault is a misdemeanor with steep penalties, including jail, probation, and fines. However, the prosecutor cannot simply say you committed assault and secure a conviction. Instead, the state must meet the criteria when proving the case.
First, the state must prove that you intentionally threatened violence with words or actions. Second, it must show that you could carry out the threat. Finally, the prosecution has to prove that you carried out an action that caused the other party to believe that violence was impending.
The intent is very important in these cases. The state has to show that you intended for the person to think you would commit an act of violence.
If you are facing an assault charge, contact our West Palm Beach assault lawyer to go over the details of your case. Even though this is only a misdemeanor charge, it can stay on your record permanently, so take steps to defend yourself today.
What Is Aggravated Assault?
Aggravated assault is an assault with a deadly weapon without an intent to kill or with the intent to commit a felony.
Aggravated assault is a very serious charge. If convicted, you could lose your right to own a firearm, vote in elections, and more. The possible jail sentence, fines, and probation period are far greater with a felony like aggravated assault than they are for a misdemeanor. Thus, consult with an aggravated assault defense attorney in West Palm Beach before going to court.
What Is A Deadly Weapon?
You can get a charge of aggravated assault if you use or threaten violence with a deadly weapon. The legal definition of a deadly weapon is anything likely to cause great bodily harm or death. You likely know that guns and knives are classified as deadly weapons. However, the definition is quite broad and includes cars, beer bottles, and other objects. Thus, reach out to a West Palm Beach aggravated assault attorney to challenge the charges.
Does Aggravated Assault Include Mandatory Minimums?
If you were convicted of aggravated assault with a firearm before June 30, 2016, the judge had to sentence you to a minimum of three years in prison. That is no longer the case. However, you still face up to five years in prison if convicted. Due to those steep penalties, it is wise to consult with a West Palm Beach aggravated assault lawyer if you are facing these charges.