Assault Defense Lawyer in Orlando, FL

Name: Assault
Brand: O’Mara Law Group
Rating: 4.5 (71 reviews)

If you are facing assault charges in the state of Florida, don't hesitate to reach out to the legal experts at O'Mara Law Group. Our legal experts will develop a strategy that ensures your ability to enjoy the best possible outcome.

Assault Defense Overview

Defense Against Assault Charges in Florida

Assault is a serious crime that carries severe penalties in Florida. Allegations can arise from a misunderstanding or a heated moment that escalates. If you are facing assault charges, it is crucial to understand the legal process and the potential defenses to protect your future. Our assault defense attorneys in Orlando are committed to providing knowledgeable and aggressive defense strategies to ensure the best possible outcome in your case.

What is Assault in Florida Law?

Under the Florida Statutes Section 784.011, assault is defined as an intentional, unlawful threat by word or act to commit violence against another person, along with the apparent ability to carry out the threat, creating a reasonable fear that violence is imminent. Actual physical contact is not necessary for assault to occur. The mere threat of violence can result in assault charges. This offense falls into either of these two main categories:

Simple assault

To convict a person of simple assault, the prosecution must prove all three elements of the crime: 1) intentional, unlawful threat; 2) apparent ability to act on the threat; and 3) reasonable fear of imminent violence on the part of the victim. This crime is a second-degree misdemeanor, punishable by up to 60 days in jail and a fine of $500.

Aggravated assault:

This offense is defined in the Florida Statutes Section 784.021. Aggravated assault is assault with a deadly weapon without intent to kill or with intent to commit a felony. It is a third-degree felony punishable by a prison sentence of up to five years and a fine of $5,000. If a firearm was used to commit aggravated assault, Florida’s 10-20-Life law could come into play, leading to even harsher penalties.

What Are the Potential Defenses Against Assault Charges?

Legal arguments our accomplished assault defense lawyers can raise on your behalf will depend on the case’s unique circumstances and evidence. The following are some common defenses that may be effective in defending against assault charges:

Self-defense: This is one of the most frequently employed defenses in assault cases. In Florida, you have the right to defend yourself if you believe you are in imminent danger of harm. If you acted to protect yourself from an actual threat, self-defense could be a valid argument. Our state’s Stand Your Ground law strengthens this defense by allowing individuals to use force without the duty to retreat if they reasonably believe they are in danger of serious bodily harm or death.
Defense of others: This is similar to self-defense. You may be justified in using force to defend someone you reasonably believed was in imminent danger of harm. This requires showing that your actions were necessary and reasonable to protect another person.
False accusations: You may have been falsely accused of assault through a misunderstanding, misidentification, or malicious intent. Proving the allegations are unfounded can lead to dismissal of the charges. This may require gathering witness statements, video footage, or other evidence to disprove the false allegations.
Lack of intent: To convict a person of assault, the prosecution must prove there was an intent to commit violence. If a threat occurred accidentally or the accused had no intent to cause fear of harm, it could weaken the prosecutor’s case.
Mutual combat: If both parties willingly participated in a physical altercation, mutual combat defense may apply. In some cases, arguing that neither party was the aggressor may result in reduced charges or penalties.

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Do You Need an Experienced Criminal Defense Attorney?

If you have been charged with assault, speak with an experienced assault defense lawyer in Orlando immediately. The Florida legal system is complex, and the consequences of a conviction are very severe. At O’Mara Law Group, we understand the gravity of these charges. Our board-certified criminal defense attorneys will work tirelessly to build a strong defense. We are honored to be considered among the state’s top criminal defense law firms, and we are proud of our record of positive case outcomes in very challenging cases. Do not face assault charges alone. Get in touch with our firm for the skilled legal defense you need.