Naples Assault Defense Lawyer
If you have been arrested for assault and or battery in Naples, Florida, you may be feeling overwhelmed, frightened, and confused. As a violent crime, Florida takes assault charges incredibly seriously. Convicted individuals often face time behind bars and thousands of dollars in fines.
If you are under investigation for assault charges in Naples, there is too much at stake to forgo high-quality legal representation. Since 1982, our criminal defense attorney has experience defending his client’s rights and achieving favorable outcomes for their cases. When you retain his services, he will work with you to understand every detail of your case and craft a defense strategy that takes your unique circumstances into account.
What is the Difference Between Assault and Battery in Florida?
While “assault and battery” is a common term many individuals use to describe certain violent crimes, assault and battery are two separate crimes under Florida law. Unfortunately, this misunderstanding may lead to confusion about which charges you face. Below are the legal definitions for assault and battery in Florida:
- Assault: Assault is defined as the willful and unlawful threatening of another person’s safety. The individual who made the threat must have had the ability to act on it and instilled a reasonable fear in the victim.
- Battery: If an individual intentionally touches or hits another person without their consent, the incident would be classified as battery. It is also defined as intentionally causing another person bodily harm.
It is essential to note that a person may be charged with assault even if they did not make physical contact with another person. It is also possible to be charged with both assault and battery for one incident. When you partner with a skilled criminal defense attorney, they will review every aspect of your case to ensure you understand the charges against you.
Possible Penalties for Assault Convictions
In many cases, simple assault charges are classified as second-degree misdemeanors. If you are convicted of a first-time assault charge, you may face 60 days behind bars and a fine of up to $500. The penalties increase significantly for aggravated assault. If you are accused of threatening another person with a deadly weapon such as a knife or gun, you may be charged with a third-degree felony. Those convicted of aggravated assault may face up to five years in prison and a $5000 fine. Additionally, many convicted felons face difficulties securing housing and employment long after their sentence is served.
How Can a Criminal Defense Attorney Help Me?
An assault conviction can completely upend your life, leaving you facing severe penalties and a criminal record. Since the stakes are so high, it is essential to have an experienced defense lawyer in your corner. A few of the many ways your criminal defense attorney can help you include the following:
- Conducting an independent investigation into your case
- Interviewing eye-witnesses
- Helping you formulate a plea
- Gathering essential evidence
- Crafting a solid defense
- Negotiating with all parties on your behalf
- Aggressively defending your rights and interests inside and outside of court
- Advising you on your best path forward
- Ensuring you understand the charges against you
- Answering your legal questions
Attorney Robert H. Hanaford is committed to treating each of his clients like a friend and makes himself available day and night to ensure their concerns are addressed. When you choose him, you choose an aggressive advocate who will fight fiercely for your rights and interests.
Common Defenses For Assault Charges
It is vital to remember that individuals charged with criminal offenses are innocent until proven guilty. In order to get a conviction to stick, the prosecutor must prove your guilt beyond a reasonable doubt. Some strategies your attorney may use to erode the prosecution’s case include the following:
- You acted in self-defense
- You acted in defense of others
- You acted in defense of your personal property
- The other party consented to the act
- You acted under duress
- Your mental state caused your behavior
- You did not commit assault
Your attorney will thoroughly investigate your case to determine which strategies apply to your unique situation.
Discuss Your Assault & Battery Case with an Experienced Criminal Defense Lawyer
Dealing with assault accusations can be especially challenging to handle on your own. Fortunately, individuals charged with assault in Florida have the right to legal representation. Attorney Robert H. Hanaford is an award-winning criminal defense attorney that is proud to serve the Naples community. He has a proven track record of successfully protecting the rights of the criminally accused and achieving favorable outcomes for their cases. Attorney Hanaford takes a personalized approach to every case to ensure your defense is tailored to the unique circumstances surrounding your case. To schedule a free consultation, call our office at (239) 315-9750 or complete our online contact form today.