What Is The Legal Definition Of Assault?

It may come as a surprise to learn that a person can be charged with assault even if there was no physical contact made between the offender and the victim. The only element that needs to be present is that the victim believed that the battery (physical contact) was imminent.

For example, if the offender raised their fist as if to punch or strike the victim, even if they never touched the victim, can result in an assault charge. A person can also be arrested for assault for just verbally threatening the victim that they are going to hurt them.

A person may face a more serious charge of aggravated assault if any of the following factors apply:

  •       The offender had a deadly weapon during the assault
  •       The assault took place during the commission of a felony
  •       The victim was a police officer, emergency responder, or a member of another protected class under Florida law

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If you are facing assault or battery charges, you could also be facing stiff penalties if convicted. You need a skilled and aggressive Melbourne defense attorney advocating for you against these charges. Call the Law Office of Arcadier, Biggie & Wood, PLLC to find out how we can help.

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