When you are accused or even arrested for assault, it is very important to understand exactly what it is you face under state and/or federal laws, and that you seek help from a well-experienced criminal defense lawyer.
Assault is both a tort and a crime, and may result in either civil and/or criminal liability. This means that it is possible for an individual to be sued criminally as well as prosecuted for civil damages.
Assault and Assault Intents
The law is intended to discourage individuals from violently attacking another person—regardless of whether or not physical contact is present. Actual physical contact is never required for a completed assault.
In fact, an assault can happen if anyone attempts to harm another even with the ability to carry out the assault. For example, just pointing a gun at someone is a good example of an assault without physical harm.
Assault with a Deadly Weapon
When it comes to criminal cases, assaults may be prosecuted as just assaults charged as misdemeanors to attempted murder with several different allegations and sentencing enhancements.
The prosecution can charge assaults in several different ways contingent on the circumstances. For instance, if a weapon was used, then the assault may be greater by use of a weapon allegation and equivalent sentencing enhancements along with making the crime a violent felony.
There is no doubt that understanding the various elements of a criminal charge of assault requires a skilled and experienced criminal defense lawyer.
Your lawyer will carefully examine the facts of the case and compare them to the various elements of the statute charged and give you an opinion as to whether the prosecution can be able prove its case against you beyond a reasonable doubt.
If you or anyone you care about has been charged with assault in West Palm Beach, Florida, immediately contact the attorneys at Farkas & Crowley at 561-444-9529 to schedule an absolutely free consultation and to help preserve your freedom and get the best legal representation.