New Port Richey Assault Lawyer
People often refer to assault and battery as the same crime but in fact, they are two very different offenses. A criminal act that involves assault may also involve battery and, in these cases, individuals who are charged with one crime are also charged with the other. If you have been arrested, you could be facing either misdemeanor or felony charges, and either will come with serious consequences if you are convicted. Do not leave your freedom to chance. Our New Port Richey assault lawyer can provide the strongest defense that will help you beat your charges.
What is Simple Assault?
The prosecution must prove five elements of any simple assault case to secure a conviction. These elements are as follows:
- You intentionally made an illegal threat using words or an act of violence towards another person,
- It was reasonable to expect you could carry out the threat
- The person you threatened had a well-founded fear that you would follow through on the threat
Assault is classified as a second-degree misdemeanor in New Port Richey. For those convicted, the crime is punishable by a maximum 60 days in jail and a maximum fine of $500.
What is Aggravated Assault?
Assault charges are sometimes upgraded to charges of aggravated assault. In these cases, the prosecution must prove all the elements of simple assault. The prosecution also has the burden of proof to show you used a deadly weapon without the intent to kill, or you intended to commit a felony. Aggravated assault is a much more serious charge and those convicted may face up to five years in prison and a maximum $5,000 fine.
What is the Difference Between Assault and Battery?
Although assault and battery are often confused as one crime, or the terms are used interchangeably, there are differences between the two. Assault is the act of making threats towards another person, with or without the use of a weapon. In order for assault charges to apply, the alleged victim must have reason to believe the perpetrator will carry out the threat.
Battery, on the other hand, is the actual act of violence. The violence does not actually have to cause harm but if it does, the penalties are much harsher. Aggravated battery charges can also apply when a weapon is used, or when the alleged victim suffers permanent disability or disfigurement, or great bodily harm. Due to the fact that one incident could involve threatening another person and then carrying that through, it is not uncommon for one person to face both charges upon arrest.
Our Assault Lawyer in New Port Richey Can Provide a Solid Defense in Your Case
Being charged with assault is scary, but there are defenses available. Commonly, these include self-defense and the defense of others or property. At King Law Group, our New Port Richey assault lawyer can advise on all the possible defenses in your case and give you the best chance of beating your charges. Call us now at 727-538-4265 or contact us online to schedule a free consultation.
