Assault Charges and Criminal Defense
Most individuals understand that disagreements and conflicts between persons should be resolved in a peaceful and adult manner. Unfortunately, heated discussions and disagreements may eventually become violent and persons may face criminal charges of assault and/or battery. While most people understand that touching another person in a threatening manner is usually considered to be a crime, many do not realize that verbal threats can also constitute assault.
Conviction on an assault charge can carry serious criminal penalties, fines, and loss of personal freedom. The West Palm Beach criminal attorneys of Eric N. Klein & Associates, P.A. would like to bring you the following information regarding assault charges so that you can better understand your legal options if you are accused of assault or battery.
Common Assault Charges
State and federal laws provide protection for the safety and well-being of all people, regardless of gender, age, race, and sexual orientation. Legal protections include defense against both physical and verbal threats, and persons who are made to feel that harm will come to them may wish to file criminal charges. Persons may face criminal charges for:
- Striking or attempting to physically strike another individual
- Acting in an aggressive or threatening manner
- Issuing verbal threats to cause another person physical harm
- Making another individual fear for his or her safety and well-being
More serious aggravated assault or battery charges may be filed if the individual:
- Causes serious physical injury to another individual
- Attacks another individual with a deadly weapon
Persons who are facing serious assault or aggravated assault and battery charges should consult an experienced West Palm Beach criminal attorney to discuss their defense.
Defending Assault Charges
Criminal charges often carry the threat of severe punishment and can often be life-altering. If you are accused of assaulting another individual, you have the right to defend yourself and your actions in a court of law. While the laws in Florida and other states provide harsh punishments for individuals who attack others, there are circumstances in which a person may be well within his or her legal rights to strike another individual, including:
- Self-defense – as long as the level of force is reasonable and proportional to the threat of violence that was issued against the defendant
- Defense of others – if force was used in the defense of others who were being attacked. Again, the level of force should be reasonable to prevent violence against others and not be excessive
- Prevention of a crime – force may be justified if it is used to prevent theft, robbery, or other crimes
- Defense of property – reasonable force may be justified if an individual is protecting his or her own property
- Punishment of a child – in some cases, a child’s parent or guardian may be able to justify the use of physical contact to correct behavior. This defense may be tricky, because the level of force must be justifiable in court.
It is important to note that criminal assault charges are very serious and individuals will often have to have a significant burden of proof to justify the use of force against another individual. It is important to have an experienced attorney on your side to help explain your legal options and formulate the best defense against the charges you may face.
If you have specific questions about assault or aggravated assault and battery charges, contact the experienced West Palm Beach criminal attorneys of Eric N. Klein & Associates, P.A. today at 561-353-2800. We are here to help you in your time of need.
