18th Sep 2018
A criminal defense attorney in Broward County may advance certain legal defenses in order to have criminal charges for assault dismissed or to try to get an acquittal if the case goes to trial. Some of the defenses that may arise in an assault case that a criminal defense attorney in Broward County may raise include:
Lack of Intent
To establish assault, the prosecutor must prove that you had the intent to commit a violent act toward another person and had the ability to do so. If you struck someone by accident, there would not be the necessary intent for you to be found guilty of assault. Likewise, if you had no intention of making the person feel threatened, there is not the necessary intent.
Lack of Ability to Carry Out Threat
It is not enough for the prosecutor to show that you made a threat. He or she must also be able to show that you had the actual ability to carry out the harm you threatened. If you are physically incapable of carrying out your specific threat, an assault charge should be dismissed against you. For example, if you threaten to hurt someone over the phone in five minutes when you are several hours away, you would be incapable of causing this harm.
Consent Given for Physical Contact
In some situations, a victim may claim that you hurt him or her when he or she was an active participant. For example, you and the victim may have agreed to go boxing together or to fight. If he or she consented to the physical contact, this defense may apply.
Stand Your Ground
In Florida, you have the right to stand your ground if you are somewhere lawfully and you are in fear of serious and imminent harm. You can use the force necessary to defend yourself.
An experienced Florida criminal defense attorney can meet with you and determine the defenses that might be available based on the individual circumstances involved in your case.