West Palm Beach Criminal Attorney on Representing Clients Charged with Assault

As criminal defense attorneys in West Palm Beach, we are often asked to help people charged with crimes of violence. What we have found over years of practice is that many individuals do not completely understand the terms used in Palm Beach County and along with the rest of the state as it pertains to assault. A clients understanding the charges pending against them is crucial to being able to maximize the defense effort on the part of a Palm Beach criminal attorney. Communication is absolutely paramount and educating a client charged is necessary in order to effectively understand each particular case completely.

Assault can be categorized as one of two types when attempting to explain legal issues to a client and their family: (1) an attempted battery or (2) placing another in fear or apprehension of an imminent battery. Assault does not involve touching and is not synonymous with the crime of battery (which your Palm Beach criminal attorney will tell you does not involve an actual touching which is why it is often referred to as an attempted harmful contact).

Any criminal attorney will tell you that the attempted battery form of assault requires that the defendant specifically intend to cause the harm (the unlawful touching), and that the defendant commit an overt act that comes close to achieving the harm. For example, in a recent Palm Beach criminal case, someone intended to strike a victim and allegedly threw a punch that missed the back of his head. An assault (attempted battery) was filed by the Palm Beach criminal prosecutor even though the victim was unaware of the punch. This form of assault focuses on the defendant's mental state and physical act, while ignoring the victim's state of mind.

The other form of assault is referred to as an offer type of assault because it requires that the defendant commit an act which places the victim in reasonable apprehension of being struck. Apprehension in this case is simply an expectation of an unwanted touching; the victim need not be "fearful" of some serious injury. The apprehension, however, must be reasonable and it must be apprehension of an imminent touching. Someone who merely gives you the "evil eye" should not create reasonable apprehension of a battery; just as someone threatening to shoot you next week does not threaten imminent harm. Threats of future harm are not included within the crime of assault although they are often covered by statutes that criminalize the act of communicating a threat.

If you or a loved one have been charged with a violent offense, and are currently searching for a qualified Palm Beach criminal attorney, consider the following:

Attorneys in general may focus their practice on many different areas of Florida law. Likewise, Palm Beach criminal attorneys may focus their efforts on a specific type of criminal offense. Larger criminal defense firms outfit their offices with attorneys skilled in areas necessary to competently handle every type of criminal offense. Always remember to ask a prospective Palm Beach criminal attorney what types of cases comprise the majority of his or her firms revenue. Also ask what experience the attorney has in handling your specific type of case. When possible, always ask for information in writing or email form.

The Palm Beach criminal attorneys at William Moore, P.A. have been practicing criminal defense for years and are experienced in handling cases involving violent offenses. If you or a loved one have been charged and wish to speak with an attorney about how to proceed, contact our Palm Beach criminal defense firm today.