Orlando assault Defense Lawyer
Former Prosecutor | Over 10 years of Experience | More than 40 Trials
Being investigated or arrested for assault can be overwhelming. You may be worried about going to jail, losing your job, or ending up with a permanent criminal record. An experienced criminal defense attorney can help protect your rights, your freedom, and your future from the very beginning of the case.
Even if the person listed as the “victim” in the police report does not want to go forward with charges, once an arrest is made, the decision is up to the State Attorney’s Office.
Because of that, engaging the assistance of an experienced assault defense attorney before your first court date is often essential to developing a strong defense, arguing for modifications to a no-contact order at a bond hearing, and possibly convincing the State Attorney’s Office to decline to press charges.
Assault Charges in Florida
Under Florida law, an assault charge (Florida Statute 784.011) is typically charged as a 2nd degree misdemeanor, punishable by up to 60 days in jail. To prove the crime of Assault, the State must prove that:
- The accused intentionally and unlawfully threatened, by word or act, to do violence to another person;
- The accused had the apparent ability to carry out the threat at the time; and
- The threat created a well-founded fear in the alleged victim that violence was imminent.
An assault case often hinges on the credibility of witnesses, the specific words that were spoken, the surrounding circumstances, and whether the alleged victim’s fear was objectively reasonable. This makes defending assault charges highly dependent on the facts of each individual case.
Defenses to Assault Charges in Florida
Every assault case is different, and the right defense depends on the facts. After reviewing the evidence, a criminal defense attorney can identify potential legal defenses, including:
- The lack of a distinct threat;
- The lack of ability to carry out the threat;
- The threatened violence was not imminent or the threat was conditional;
- The victim’s fear was not reasonable; or
- That the allegations are flatly false.
Additionally, under Florida’s Stand Your Ground Law, self-defense may be available as a defense in cases where the alleged threat was made in the defense of the accused, another person, or the property of the accused.
The Lack of a Distinct Threat
The lack of a distinct threat can be a defense in an assault case in Florida. Words or actions must meet certain criteria to be considered a threat in Florida. A careful review of the witness statements, photographic or video evidence, and other items in the State’s case may reveal that no legally sufficient threat was ever made.
The Lack of Ability to Carry Out the Threat
A threat alone is not enough to prove an assault charge in Florida. The person making the threat must also have the apparent ability to carry out the threat. In practical terms, that means that the victim must reasonably believe that the person who threatened them could actually do the thing that they said they would do.
Whether someone had the apparent ability to carry out a threat depends on the surrounding circumstances. Reviewing witness statements and other evidence may reveal that this essential element cannot be proven beyond a reasonable doubt.
The Threatened Violence Was Not Imminent or the Threat was Conditional
Even when a person who makes a threat and has the ability to carry it out, if a verbal threat is conditional or the violence is not imminent, it may not be sufficient to convict a person of assault in Florida.
A conditional threat is a statement that an act will be committed if a specific event occurs.
Imminent violence means that the act of violence can be carried out immediately.
If a threat is sent in writing, this may constitute a serious felony offense. If you believe you are being investigated for sending a written threat, call/text (407) 561-1776 to speak with attorney Ben Baxter today.
The Fear of the Victim is Not Reasonable
To prove an assault charge, the prosecution must prove that the words or actions of the accused created a reasonable fear of imminent violence in the mind of the victim. An experienced criminal defense attorney can review the evidence in your case and may be able to argue that the victim’s fear did not meet the “objectively reasonable” standard required in an assault case.
Self Defense and Stand Your Ground
If you were in a place in which you had a legal right to be, and the threat was made in self defense or defense of another, an experienced criminal defense attorney may be able to ask the Court to dismiss the case on the grounds of immunity under Florida’s Stand Your Ground law.
A Former Prosecutor On Your Side
Central Florida Justice founder Ben Baxter is a former prosecutor and Orlando criminal defense attorney with over 10 years of experience in criminal law. As a former prosecutor, he understands how prosecutors analyze evidence, evaluate cases, and prepare assault prosecutions for trial. That insight allows him to anticipate the State’s approach to a case and develop a proactive defense designed to challenge the prosecution’s evidence from the start instead of reacting to the case as it unfolds.
Central Florida Justice Can Help
Every assault case deserves a careful, strategic review of the evidence. Central Florida Justice works to identify weaknesses in the State’s case, evaluate every available defense, and pursue the best possible outcome in each client’s case.
Central Florida Justice believes that the attorney-client relationship must be built on a foundation of trust and empathy. Every Central Florida Justice client has the ability to contact their attorney directly by phone, text, or email. And every client has access to the Central Florida Justice client portal, which provides instant access to evidence in their case, notes from the attorney, court dates, and more.
If you are being investigated for, have been arrested for, or are being charged with assault in Orlando or the Central Florida area, including Osceola, Lake, Polk, Seminole, and Brevard Counties, contact Central Florida Justice today for a free consultation or call/text (407) 561-1776 to speak directly with criminal defense attorney Ben Baxter.
