Fort Walton Beach Aggravated Assault Attorney
If you were recently arrested for Aggravated Assault in Fort Walton Beach, I understand how nervous you must be. It is perfectly normal to worry about whether you are going to prison, or whether you will have a felony on your record. If you are in the military, your career is on the line with this felony arrest.
My name is Tim Flaherty. I have been a criminal defense attorney right here in Fort Walton Beach since 2001. Let me offer a few words of encouragement. While Aggravated Assault cases are serious, they can also be won. Call me at (850) 243-6097 and get the help you need.
Understanding the difference between Assault and Battery
I get asked this question a lot. The confusion comes from the fact that some states use the terms assault and battery differently than Florida does. Under Florida law, it is Assault to threaten to hit someone. It is Battery to actually hit them.
Aggravated Assault Under Florida Law
Florida Statute 784.021 defines Aggravated Assault as follows:
“An aggravated assault is an assault with a deadly weapon without intent to kill, or with an intent to commit a felony.”
Aggravated Assault in Fort Walton Beach and throughout Florida is a third degree felony. It is punishable by up to 5 years in prison, a $5000.00 fine, and a permanent felony conviction on your record.
What can you do for me if I am charged with Aggravated Assault in Fort Walton Beach?
The first thing to keep in mind is that you need an experienced criminal defense attorney who practices in Fort Walton Beach. Aggravated Assault is the type of case where an effective defense attorney can make all the difference in what the eventual outcome is in your case.
While every case is different, here are a few of the issues I will look at in order to develop the most effective legal strategy to win your case:
- Whether there is a valid self defense argument to make. If the facts support self defense, it can be used to potentially win your case at trial.
- Unlike Battery, where the fact that someone was struck is usually enough to establish that the crime was committed, with Assault, the State will need to have the cooperation of the alleged victim in testifying that they felt fear, which is required in order to prove any form of Assault.
- The State must be able to prove that you had the ability to carry out the threat. For example, if you threaten someone in an email, you can’t be found guilty of Aggravated Assault because it is impossible to carry out a physical threat through the computer.
- The State will be required to produce the item they are claiming is a deadly weapon and they must be able to prove that the item was in fact a deadly weapon.
The list above is just a few examples of the types of issues I will look at carefully as I prepare your defense. The prosecutors do not like to dismiss these cases. That is why it is so important to have the right defense lawyer on your side. If I can make the prosecutor doubt their case, it is possible that the charge will either be reduced or dismissed.
The bottom line is that I will explore every option and every tactic with one goal in mind: making sure you aren’t convicted of Aggravated Assault.
If you are ready to put a professional Aggravated Assault Attorney in Fort Walton Beach to work for you, call me today at (850) 243-6097 for a free and confidential consultation.