Assault is intentionally threatening another person, along with the ability to carry out the action AT THE TIME the threat is made -- NOT LATER. In order for the courts to find someone guilty of assault, the subject must have the “present apparent ability” to carry out the threat, and the threat must “create a well-founded fear that violence is imminent.” Circumstances that may increase the penalty are the use of a deadly weapon or the individual's intention to commit a felony during the course of the assault. If you have been charged with assault, you should speak with a Fort Lauderdale assault criminal defense lawyer as soon as you can.

Oftentimes, police arrest individuals based on perceived threats where there was no imminent violence or well-founded fear, or there was no way the threat could have been accomplished in the moment -- that is, no present apparent ability. In this situation, a skilled Miami assault criminal defense lawyer can argue that no crime was committed.

David S. Seltzer is an experienced South Florida assault criminal defense attorney. Don’t delay; let an experienced former prosecutor help protect your good name and reputation. Call today or contact me online for a FREE, CONFIDENTIAL CONSULTATION, available 24 hours a day and seven days a week.

For more information, see Florida Statute 784.011: Assault.