I Almost Got Into a Fight, But My Friends Held Me Back: Does This Count as Assault?

Suppose your friends held you back and prevented you from engaging in a physical altercation. Could you still face criminal charges for assault in Fort Myers? The answer to this question may depend on the unique circumstances of your situation. You may want to discuss your next steps alongside an experienced criminal defense lawyer.

You Could Still Face Assault Charges

The first thing you need to know is that you could still face assault charges. If the other person felt sufficiently threatened, they could report the incident to the authorities. Assuming there is sufficient evidence to confirm that the incident actually occurred, police officers may subsequently take you into custody and charge you. For example, the incident might have occurred at a bar or nightclub. Nearby individuals may tell police officers what happened, and officers might also review security footage to gain further insights.

Prosecutors Must Prove That You Had the Apparent Ability to Carry Out the Threat

Under Florida law, prosecutors must prove that you had the “apparent ability” to actually carry out the alleged threat in order to secure an assault conviction. If your friends restrained you while you were making the alleged threats, it may be difficult to establish your “apparent ability” beyond a reasonable doubt.

That being said, this potential defense strategy depends heavily on your unique situation. For example, if you are a 200-pound man and your 120-pound wife was attempting to hold you back, a jury might not be convinced that you lacked the apparent ability to carry out your threat. If you were being restrained by three of your male friends of similar build and weight, however, a jury may seriously doubt whether you actually had the ability to break free and harm the other person.

The success of this defense strategy also depends on how quickly your friends intervened. If you were able to approach the other person and “get in their face” before your friends managed to pull you back, the jury may believe that you had a “window of opportunity” to carry out the alleged threats. This window of opportunity may never have emerged if you were on the other side of a large room and your friends restrained you before you could even walk toward the other person.

Finally, your specific words matter in this scenario. If you threatened to take action after the altercation, the court might believe that you had the apparent ability to do so. For example, you might verbally threaten to “catch someone outside” or “meet them in the parking lot.” In this situation, your friends’ attempts to restrain you in that specific moment may be irrelevant.

Can a Criminal Defense Lawyer in Fort Myers Help Me? 

A criminal defense lawyer in Fort Myers may be able to help you fight assault charges. Although you may face assault charges even if your friends held you back, prosecutors must still prove that you had the “apparent ability” to carry out the alleged violent threat. The fact that you were physically restrained could form the basis of a successful defense. Contact The Foley & Wilson Law Firm at 239-690-6080 to continue this discussion.

Source: 

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0784/Sections/0784.011.html