Orlando Assault Lawyer

Orlando Assault Attorney

Being charged with assault can be devastating for all parties involved. It is equally upsetting if you believe your actions were in self-defense or out of necessity. In any case, hiring an experienced Orlando assault lawyer may prove invaluable for negotiating your penalties and reaching a fair verdict.

Former Prosecutor

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What Is Assault?

In Florida, assault is defined as the intentional and unlawful threat, either by word or by action, to commit an act of violence upon someone else. It is coupled with instilling reasonable fear in the victim that an act of violence will be carried out.

What Are the Types of Assault?

Simple assault is the most basic form of assault and is associated with creating reasonable fear in another person with the threat of imminent violence. An example of simple assault is raising your fist and threatening to punch or hit someone.

Aggravated assault is more severe. It involves assaulting a person with a deadly weapon without the intent to kill them or with the intent to commit a felony. Assault with a deadly weapon can be by word or action, and assaulting certain protected classes, even without a deadly weapon, can be considered assault. An example includes pointing a gun at a person and threatening to shoot them.

Finally, there is sexual assault. Sexual assault involves non-consensual sexual actions with a victim and may also include threats of sexual violence. Sexual battery is included in sexual assault, which means a person uses force, threatens, or even incapacitates the victim.

It is important to note that assault is not the same as battery. Assault only requires the threat of violence to be unlawful, while battery involves the act of violence being carried out. For example, assault could be threatening to slap a person, while battery would be actually hitting them.

What Are the Assault Laws in FL?

In Florida, assault can be treated as either a felony or a misdemeanor, depending on the severity of the crime. Simple assault is a second-degree misdemeanor punishable by up to 60 days in prison. It can be a first-degree misdemeanor punishable by up to a year in prison if the threat of violence is in furtherance of a riot.

Aggravated assault is a third-degree felony punishable by up to five years in prison. The charges can be exacerbated if the threat is in support or prompted by a riot. Sexual assault or sexual battery can be treated as either a first-, second-, or third-degree felony depending on the crime. Aggravated sexual assault is a first-degree felony that can result in up to 30 years in prison. Sexual assault or battery upon a minor is also a first-degree felony.

Sexual assault without the use of force or violence is a second-degree felony punishable by up to 15 years in prison, and soliciting a person to engage in sexual assault is a third-degree felony, along with incest and intercourse with a mentally incapacitated person.

What Are the Consequences of Assault?

Because assault can inflict serious and long-term emotional pain and suffering upon victims, consequences can be harsh. In addition to serving prison time, defendants may have to pay exorbitant fines if convicted. Assault charges will also remain on a person’s criminal record permanently, negatively impacting their reputation and ability to secure certain jobs and housing.

How Can a Lawyer Help?

If you are charged with assault but believe you have a valid defense, a qualified lawyer can help you fight or negotiate your charges. Some defenses for assault include self-defense, defense of others, necessity, or the reasonable belief that you have consent if you are charged with sexual assault. Your lawyer can help you build your defense or advocate for your rights if you maintain your innocence.

A skilled and qualified criminal defense lawyer in Orlando can help you collect eyewitness testimony, correspondence, or other forms of evidence that may help your case. It is wiser to have a lawyer on your side than to try and fight the case on your own without knowledge of the legal system and criminal process.

FAQs

Aggressive Florida Assault Lawyer

As a former prosecutor, Robert Fisher, P.A. has a deep understanding of criminal laws in Florida. With over 30 years of experience, we are committed to aggressively advocating for our clients and defending their rights. Contact us today for a consultation and learn how we can successfully handle your case.