Assault Lawyer

Assault Charges in Florida

When you need aggressive representation after being arrested or charged with assault in Florida, call to speak with an experienced assault defense lawyer at our firm. Thomas Feiter is an award-winning criminal defense attorney with the highest ratings and his team is second to none. Our number is 407-344-4837. We look forward to helping you.

Simple Assault

A simple assault is a very low level misdemeanor. In Florida, it is when you threaten (either by word or by act) to do violence to someone.  At the time of the threat, you have to have the ability to carry out the threat or it does not count.  Additionally, your threat must create a well-founded fear that violence is about to take place.

Even though this is not the crime of the century, you do not want it on your record. Having something like this on your criminal record can prevent you from getting certain jobs and even participating in events at your children’s schools.

Often times, the only evidence against you in these types of cases is the word (or testimony) of the other person (or victim).  In other words, someone calls 911 and says you assaulted them.  In a case like that, the strength of the evidence will depend on the credibility of the witness.

If there are multiple witnesses saying the same thing or video of the assault, the evidence is obviously much stronger. Witnesses and video can work just as much for you as it can against you. A lot of our cases as of the year 2023 have Ring Doorbell camera footage or other video surveillance. You need a good assault defense lawyer representing you in court.

It’s also important to know that an assault counts as domestic violence, in order to obtain a restraining order or injunction against you. If you find yourself on the receiving end of a domestic violence injunction, call us immediately. Take those seriously. They do go on your record!

Crime Level: 2nd degree misdemeanor

Common outcome: A fine and/or some minimal county probation, maybe an anger management class, no contact with victim, court costs and costs of prosecution.

Maximum Penalties: 60 days in jail or 6 months of probation; $500 fine.

Aggravated Assault

Aggravated assault is just like a simple assault but the State must additionally prove that you committed the assault with a deadly weapon OR with the intent to commit a crime.

Like in simple assault, the only evidence against you in these types of cases is usually the word (or testimony) of the other person (or victim).  In other words, someone calls 911 and says you assaulted them.  In a case like that, the strength of the evidence will depend almost entirely on the credibility of the witness.  If there are multiple witnesses saying the same thing or video of the aggravated assault, the evidence is obviously much stronger.  Witnesses and video can work just as much for you as it can against you.  Except here, the stakes are much higher.

Crime Level: 3rd degree felony

Common outcome: Felony probation, anger management class, community service, no contact with victim, fine, court costs and costs of prosecution.

Maximum Penalties: 5 years prison or probation; $5,000 fine.

Aggravated Assault with a Firearm

Aggravated assault with a firearm is like a simple assault but the State must additionally prove that you committed the assault with a firearm.

Unlike in simple assault, there is usually a gun in evidence with this type of charge aside from the testimony of the witness.  Whether the charge is true or not, when a jury sees a prosecutor entering your gun into evidence it can perceived as bad for the defense.  It used to be that if you are convicted of this charge, there was a 3-year minimum mandatory that you must serve day for day in a Florida State Correctional Facility. Even though this has changed as of 2023, a seasoned assault defense lawyer can make all the difference in the outcome of your case and hopefully help you avoid prison altogether.

Crime Level: 3rd degree felony

Common outcome*: Jail or prison, felony conviction, probation, anger management class, community service, no contact with victim, fine, court costs and costs of prosecution.

Maximum Penalties: 5 years prison or probation; $5,000 fine.

Defenses to Assault

In Florida, several defenses can be raised when facing assault charges. These defenses aim to challenge the prosecution’s case and provide a legal justification or explanation for the alleged assault. Here are a few common defenses used in assault cases:

Self-Defense: This defense asserts that the accused used force to protect themselves from imminent harm or to prevent bodily injury. To successfully claim self-defense, it must be shown that the force used was reasonable and proportionate to the perceived threat.

Defense of Others: Similar to self-defense, this defense involves using force to protect another person from immediate harm or danger. It requires demonstrating that the accused had a reasonable belief that the person they were defending was in imminent danger.

Lack of Intent: Assault requires an intentional act or threat to cause harm. If it can be shown that the accused did not have the intent to commit the assault or that their actions were unintentional, this defense may be raised.

Consent: In certain situations, the defense may argue that the alleged victim consented to the conduct or actions that resulted in the assault charges. However, it is important to note that consent may not be a valid defense in all assault cases, particularly in cases involving serious bodily injury.

Mistaken Identity: If the defense can provide credible evidence that the accused was not the perpetrator of the alleged assault, such as presenting an alibi or identifying another individual as the true offender, a mistaken identity defense may be raised.

Stand your Ground: If you were in a place where you are legally entitled to be and you are not the initial aggressor, you have no duty to retreat.

It’s crucial to consult with a knowledgeable assault defense lawyer to determine the most effective defense strategy based on the specific circumstances of your case. They will assess the evidence, applicable laws, and the available defenses to protect your rights and advocate on your behalf.