Daytona Beach Law Firms: Punishments for Different Levels of Assault Charges
Daytona Beach, located in Volusia County, Florida, is home to a vibrant legal community with law firms specializing in many practice areas, including criminal defense. For those charged with assault in Daytona Beach, it is crucial to understand the potential punishments based on the severity of the charges. This article provides an overview of assault charges in Florida and the associated penalties, as well as recommendations for reputable Daytona Beach law firms that can provide skilled legal representation.
Levels of Assault Charges in Florida
Florida statute 784.011 defines an assault as “an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.” Assault charges in Florida fall into three main categories:
Simple Assault
A simple assault is a second-degree misdemeanor in Florida. This charge applies when an assault does not involve a weapon or result in physical injury. Simple assault is punishable by up to 60 days in jail and/or a $500 fine.
Aggravated Assault
Aggravated assault involves an assault with a deadly weapon without intent to kill or a threat to do violence with a weapon. This is a third-degree felony punishable by up to 5 years in prison and/or a fine up to $5,000. Weapons may include firearms, knives, clubs, acid, explosives, and more.
Assault with Intent to Commit a Felony
This charge applies when an assault is committed with intent to commit another felony crime such as robbery, sexual battery, or kidnapping. This is a second-degree felony with penalties of up to 15 years in prison and/or a fine up to $10,000.
Factors That Can Increase Penalties
Certain circumstances may increase penalties for assault charges. These include:
- Assault on law enforcement or other protected persons: Harsher penalties apply for assault against a law enforcement officer, firefighter, or other protected persons like health care workers and public transit employees.
- Use of a weapon: Using a weapon during an assault typically leads to more serious charges. Weapons may include firearms, knives, clubs, acid, explosives, and more.
- Great bodily harm: Causing great bodily harm, permanent disability/disfigurement, or using a deadly weapon increases penalties significantly.
- Domestic violence: Domestic violence charges often accompany assault charges in cases of battery on a spouse, cohabitant, or other family member.
- Prior convictions: Repeat assault offenses lead to harsher sentences. A defendant will be charged as a habitual offender.
Defenses Against Assault Charges
A skilled criminal defense attorney can identify defenses to mitigate or beat assault charges, such as:
- Self-defense: Using reasonable force to protect oneself or others may provide lawful justification. However, the force must match the threat. Excessive force can still lead to charges.
- Defense of property: In certain cases, using non-deadly force to prevent a crime involving property damage may be justifiable. There are limitations around lawful use of force.
- Consent: Participating in mutual combat where both parties consent may be a defense against assault. However, injuries that exceed what is reasonably foreseeable may still be considered criminal.
- Mistaken identity: Misidentification by the victim can invalidate assault allegations. Alibi evidence and mistaken identity claims should be raised.
- False accusations: There are cases where alleged victims fabricate or exaggerate assault claims. Thorough investigation can uncover credibility issues and motives to lie.
Finding the Right Daytona Beach Criminal Defense Law Firm
Facing assault charges in Daytona Beach can be overwhelming. Hiring an experienced local criminal defense lawyer is critical. Look for Daytona Beach law firms with proven track records handling assault cases. Key credentials to consider include:
- Former prosecutors on staff: Insight into prosecution strategies.
- Decades of criminal trial experience: Thorough knowledge of Florida criminal code and courtroom litigation skills.
- Domestic violence expertise: Handling complexity of related domestic violence charges.
- Resources for independent investigation: Building strongest defense by interviewing witnesses, collecting evidence.
- Client testimonials and reviews: Indicator of successful case results and client satisfaction.
Some of the top-rated Daytona Beach criminal defense law firms include:
- Aaron Delgado & Associates – Highly rated for domestic violence and assault defense.
- Rice Law Firm – Skilled trial lawyers with 8.6/10 rating on Avvo.
- Musca Law – Handled over 10,000 assault charges with 97% success rate.
- Hager & Schwartz – Former state prosecutors with deep courtroom experience.
Conclusion
Assault charges in Daytona Beach range from misdemeanors to serious felonies carrying years in prison. Punishments depend on the severity of charges and factors that enhance penalties. Developing an optimal legal strategy requires a firm grasp of Florida assault laws and potential defenses. Partnering with an experienced local criminal defense law firm provides the in-depth expertise and advocacy needed to mitigate penalties or challenge the charges altogether. Thorough case review and preparation is key to the best possible outcome.