Orlando Assault Lawyer

Get an Aggressive Defense from Our Orlando Assault Lawyer

Whether it’s a fight on the street or domestic violence, assault and battery bring serious consequences in Florida, including fines and jail time, so you don’t want to fight these charges alone. Hiring an Orlando assault attorney at Panella Law Firm will give you the support you need to build a strong case in your defense and to aggressively fight for your rights and freedom. Our criminal lawyer defense team in Orlando, FL, will work with you every step of the way to help you through this difficult time.

A conviction for assault can mean you will have a criminal record that will stay with you for the rest of your life. It can wind up negatively affecting your career, education, housing and government benefits, and prospects for immigration, as well as your family and social relationships.

The Panella Law Firm is a tough and aggressive criminal defense firm that believes in justice and a defendant’s right to a fair trial. Our legal team is committed to preserving your freedom, asserting your rights, and working toward a successful resolution of your case. We know the courts, the prosecutors, and the system and how to negotiate on your behalf to get your charges reduced or eliminated. If your case proceeds to trial, we will find ways to contest the prosecutor’s case and work for your acquittal.

We offer a free, confidential consultation to discuss the facts around your assault charges and determine the best way to proceed with your defense. You need quality representation for your case, and our Orlando assault lawyers are here to help, so call us today at 407-233-1822.

The Consequences of Assault and Battery Charges

Law enforcement in Orlando, FL, takes assault very seriously. Simple assault is considered a misdemeanor, but it becomes a felony if you are charged with aggravated assault. If you are being charged with aggravated assault or battery, you could be facing:

  • Jail time
  • Probation
  • Fines
  • Community service

What determines how you are charged? According to Florida statute 784.011, an assault is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.

You do not actually have to carry out an attack to be charged with assault. As long as there is a threat that is authentic and intentional and makes another person reasonably fearful that there will be an act of violence, you can be charged with assault.

When You Face Possible Serious Penalties, Get Help from Our Assault Lawyer

Simple assault is considered a second-degree misdemeanor. If you are convicted of simple assault, penalties could include:

  • up to 60 days in jail
  • six months of probation
  • up to a $500 fine.

Aggravated Assault is more serious than simple assault, and involves either “assault with a deadly weapon” or “assault during the commission of another felony.” Aggravated assault is classified as a third-degree felony and penalties may include:

  • up to five years’ imprisonment
  • five years’ probation
  • up to a $5,000 fine.

Aggravated assault with a firearm can bring a three-year mandatory minimum sentence, since the imminent threat of harm that you create with a gun is more severe.

Battery is the completion of an assault and refers to intentional, non-consensual physical contact. Battery charges can range from misdemeanors to felonies, depending on the circumstances, as follows:

  • Simple battery – This is a first-degree misdemeanor, and punishments can include imprisonment for up to one year and a fine of up to $1,000.
  • Felony battery – This becomes a third-degree felony, with punishments of imprisonment for up to five years and a fine of up to $5,000.
  • Aggravated battery – This is a second-degree felony, with possibility of imprisonment lasting up to fifteen years and a fine of up to $10,000.

The severity of the offense and the potential punishment depends on the type of assault charged by the prosecutor. Florida law permits prosecutors to request increased sanctions for a defendant who has prior felony convictions or who is considered to be a career criminal. Florida has a 10-20-Life law, so if a firearm is used, the penalties for aggravated assault can increase substantially.

No matter what the charges and potential penalties, the Orlando assault and battery attorneys at Panella Law Firm will advocate for you in court and fight for the best possible result. Don’t delay. Call us today at 407-233-1822.

How Our Assault and Battery Lawyer Builds Your Defense

In any criminal case, the burden is on the state to prove that you are guilty of the charges beyond a reasonable doubt. At Panella Law Firm, we know how prosecutors operate and will focus on discrediting their arguments.

To prove the crime of assault at trial, the prosecutor must establish the following elements:

1. You intentionally and unlawfully threatened, by word or act, to do violence to the alleged victim.

2. You appeared to have the ability to carry out the threat at the time it was made.

3. The threat created a well-founded fear for the alleged victim that the violence was about to take place.

To discredit this, we would show there was no assault because:

  • You did not intend to commit an act that put the victim in fear of imminent violence. Your words or act constituting the threat were not willful and knowing.
  • You did not engage in an overt act accompanying a threat that would create a reasonable fear of imminent violence.
  • There were circumstances that would prevent you from imminently carrying out the threatening words or act.
  • You did not have an immediate ability to carry out the threat – there were circumstances that prevented you from doing so.
  • Your threat of violence against another person depended on an event that may or may not occur in the future.

Because of the subjective nature of simple assault, the lack of physical injuries, and the fact that it is often your word against the alleged victim’s, there are many ways Panella Law can defend you. The following are some common defenses for assault:

  • Self-defense or defense of another person or property
  • The victim provoked you
  • Consent was given for physical contact
  • Any threats were conditional, vague, or idle with no overt act
  • Factual disputes as to whether conduct was threatening in nature
  • The accusations were false
  • Witnesses were dishonest
  • Mistaken identity
  • Stand your ground.

The “Stand Your Ground” law was enacted in Florida in 2005 and has become highly publicized and controversial, but it may be used as a defense in some cases of assault and battery. If you stood up for yourself after being unlawfully threatened by the victim you may be able to claim self-defense under this law related to your assault and battery charges. According to Sections 776.012, and 776.013 of the Florida Statutes, the law expands the scope of a traditional self-defense claim in a criminal case by …

  • Eliminating the general “duty of retreat” which was previously imposed by common law,
  • Presuming there is legal justification for using force in a person’s dwelling, residence, or vehicle, and
  • Offering immunity from prosecution if you use force under circumstances where you reasonably believe it is necessary to prevent imminent death or great bodily harm to yourself or another.

How an Orlando Assault Lawyer Can Help You

When you are accused of a crime in Florida, you have legal rights and are supposed to be assumed innocent until proven guilty, but you are often treated as if you have been convicted, even before a trial. We know how prosecutors and law enforcement operate and can help fight for you from the start by:

  • Informing you of your rights and making sure police and prosecutors adhere to proper procedures and provide you with your rights such as Miranda rights
  • Preventing you from saying the wrong things and doing anything that would negatively affect your case
  • Helping you decide how to respond to charges and handle the accusations
  • Taking care of bail and arraignment
  • Building a case in your favor by investigating what happened, gathering evidence, interviewing witnesses, examining police reports, and looking for weaknesses and mistakes in the prosecutor’s case
  • Negotiating and plea bargaining for a lesser charge or dismissal
  • Taking your case to trial and arguing on your behalf if necessary.

Call for Help with Assault and Battery Charges in Florida

The defenses our Panella assault lawyers use will depend on the circumstances of your individual situation, the available evidence, and the specific charges against you. For example, a threat of doing physical harm might be an assault charge, but if there was actual physical contact or injury, the charge can become a battery charge. With certain aggravating factors, the charge may become aggravated assault or aggravated battery, which are felonies with more severe punishment.

At the Panella Law Firm, we handle a wide range of domestic violence and criminal defense cases. We understand what you are going through and can provide guidance and fight for your rights and freedom.

Our Orlando assault lawyers offer a free, confidential consultation to discuss the facts of your case and determine the best way to move forward. Call our team today at 407-233-1822 to get started.

Contact Attorney Michael Panella

Need a criminal defense service? Turn to Panella Law Firm and contact us today with your question.

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