Orlando assault Defense Lawyer

Assault in Florida is a serious criminal charge that can lead to jail, probation, fines, and a permanent criminal record. Assault is considered a crime of violence and is aggressively prosecuted by the State Attorney’s Office. 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 criminal defense attorney as soon as possible is 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, “simple” Assault (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:

1. The accused intentionally and unlawfully threatened, by word or act, to do violence to another person;
2. The accused had the apparent ability to carry out the threat at the time; and
3. The threat created a well-founded fear in the alleged victim that violence was imminent.

These cases often hinge on the Court’s interpretation of words, actions, and perceived threats. This makes defending them highly dependent on the facts of each individual case.

Defenses to Assault Charges in Florida

Because Assault prosecutions are often built on the subjective perceptions of individual witnesses, they are uniquely subject to being undone by inconsistent accounts or gaps in the testimony. Common defenses include:

• The lack of a distinct threat;
• The lack of intent;
• 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.

Central Florida Justice Can Help

Central Florida Justice founder Ben Baxter is an Orlando criminal defense attorney and former prosecutor with over a decade of experience in criminal law. As a former prosecutor, he uses that insight to develop a strong, strategic defense and fights for the best outcome for his clients. He knows how to challenge the State’s evidence, expose weaknesses in their cases, highlight inconsistencies in the testimony of witnesses, and assert self-defense claims to protect his clients’ rights and freedom.

Ben also understands 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 or someone you know has been 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.