Tampa Assault Lawyers

An Overview of Assault Charges in Florida

An “assault” is an intentional threat by word or act to do violence to another person. The person must have the apparent ability to carry out the threat, and the act must create a well-founded fear in the other person that such violence is imminent. Assault is a second degree misdemeanor punishable by up to 60 days in county jail.

The problem is that most assault charges are related to threats allegedly made with firearms. The use of a firearm charges the charge from simple assault to aggravated assault with a firearm. Aggravated Assault with a firearm is a third degree felony that carries a three year minimum mandatory prison sentence. This means that if you are convicted the Court, in almost all situations, must sentence you to at least the three year minimum mandatory prison sentence. If you receive a three year minimum mandatory prison sentence, you will serve every day of the sentence without any opportunity for early release. Aggravated assault can also be committed by using a deadly weapon that is not a firearm. If no firearm is used then there is no three year minimum mandatory sentence.

Enlist Experienced Defense in Tampa

No attorney can ethically promise a successful result on any criminal case. What we can do is put our vast experience to work for each of our clients to maximize each client's chances of obtaining a favorable case resolution. There are many opportunities for an experienced and determined criminal defense attorney to affect the level of charges that you are facing and in some cases to have charges dropped altogether.

The Law Office of Timothy Hessinger knows how to maximize these opportunities and does everything possible to achieve favorable case resolutions. Tampa criminal defense attorney Tim Hessinger is experienced in defending clients against assault and aggravated assault charges. Attorney Hessinger has vast experience as a former prosecutor and has defended those charged with criminal charges for a number of years.

Arrested for assault in Tampa Bay?

It has been said that the best defense is a good offense. While this may be true, a good offense also needs to be time appropriately to maximize its effectiveness. This means that it is important to use information that may mitigate, or indicate that you did not commit the crime you were arrested for, when it will have its greatest impact. At The Law Office of Timothy Hessinger, we believe that one of the most critical times for our clients is when the State Attorney is deciding what charges if any you should be charged with. We have found that providing mitigating evidence, or providing the other side of the story to the prosecutor, before formal charges are made, can cause the State Attorney to file fewer charges, charges that are less serious, and in some cases, drop charges altogether.

There are many other defenses to assault and aggravated assault cases. One of the most important is Florida's Stand Your Ground Law. Florida no longer requires you to retreat before using deadly force, or force likely to cause serious injury, if you reasonably believed that such force is necessary to prevent death or great bodily harm to yourself or another. This is particularly important when a firearm was used or threatened to be used in a self-defense situation. If you are lawfully in a location and are threatened with deadly force, you can protect yourself without being required to retreat. If you have been charged with assault or aggravated assault, it is important to contact The Law Office of Timothy Hessinger for experienced and dedicated representation. Contact a Tampa criminal attorney from our team for legal representation and effective defense against criminal assault charges.