19th Jul 2016
A criminal defense attorney in Broward County is a valuable resource when facing serious criminal charges such as those involving aggravated assault. Because a conviction for aggravated assault can result in long periods of incarceration and hefty fines, it is critical to involve a criminal defense attorney in Broward County to explore all possible defenses related to this crime.
One area where a criminal defense attorney will first want to look for viable defenses to the charge of aggravated assault is in Section 784.021 of the Florida Statutes. This is where the crime of aggravated assault is defined. In order for the prosecution to secure a guilty verdict, he or she must show that all of the legal elements of the crime were fulfilled. However, if a criminal defense attorney can show that the prosecution has not met this burden, the jury should not convict. For example, one of the necessary elements of an aggravated assault charge is that the defendant threatened violence upon the victim. Such conduct may be through the defendant’s words or actions. However, if a spontaneous outburst ensued so that no such threat was made, the prosecution should not be successful. Another point to attack in this statute is that it requires that the defendant used a deadly weapon or had the intent to commit a felony.
There may be a variety of other defenses that may apply to the case. For example, if the defendant was protecting someone else, himself or herself or property, the assault may be justified. Likewise, if the defendant was selected due to a witness error, an alibi defense, DNA or other evidence may exonerate him or her. An alleged victim may have been the perpetrator or otherwise making false allegations against the defendant. A criminal defense lawyer can help explore the particular circumstances of the case and which defenses may apply.