Assault With Deadly Weapon - Daytona Beach Criminal Defense Attorenys

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Assault With Deadly Weapon

Daytona Beach Assault With A Deadly Weapon Attorney

Do you know what a Daytona Beach assault is? Assault and battery are often used interchangeably. Battery causes physical harm and assault does not require physical contact. So if assault doesn’t involve beating someone up, what is it? The state of Florida defines assault as "an intentional threat by word or act that seeks to physically harm another, coupled with an apparent ability to do so, which creates a well-founded fear in such other person that such violence is imminent. "You don’t have to touch anyone it only requires a threat and the apparent ability to deliver on the threat. A conditional threat is not assault because it lacks the imminent element. A conditional threat requires the alleged victim to do something before the violence will occur. For example "if you touch my car I will punch you". The threat is not imminent because as long as they don’t touch the car they will not be hit.

Daytona Beach assault with a deadly weapon is a threat just like assault with the additional element of a deadly weapon like a knife or gun to do the threatening. A deadly weapon is defined as any instrument which, when it is used in the ordinary manner contemplated by its design and construction, will or is likely to cause great bodily harm, or 2) any instrument likely to cause great bodily harm because of the way it is used during a crime.

All you have to do to be charged with assault in Daytona Beach, DeLand, and other parts of Volusia County is make someone feel like you’re threatening them through engaging in some kind of action. If a husband and wife argue and he says he’s going to smack her, that could technically be assault. The same with walking up to a friend and acting like you’re going to hit them. As long as the other party believes you have the ability to act on your threat, you could be charged with assault. You might think the above examples sound stupid, but Daytona Beach assault attorneys know that many assault cases come from silly fights between friends and loved ones that have gotten out of hand. Things get too hot, someone called the cops, and they decided to arrest someone to cool down the situation. The problem is that arrest doesn’t just go away after everyone calms down. The individual arrested still has an assault charge to deal with.

Unfortunately, while the fight that originated the assault charges might have been silly, the charge itself is not. Assault in Florida law is a second degree misdemeanor with a possible sentence of 60 days in jail or 6 months of probation and a maximum fine of $500. If you threw a bottle during that argument with your spouse it could be considered a deadly weapon making the charge a third degree felony. Third degree felonies are punishable by up to 5 years in prison and a $5,000 fine. Our Daytona Beach assault attorney Kevin J. Pitts can help. Call 386-252-5184 today to set up a free consultation.

Daytona Beach Criminal Defense Lawyer
747 S Ridgewood Ave
Daytona Beach, FL 32114

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