Orlando Assault & Battery Lawyer
Relentlessly Fighting Criminal Charges
Have you been accused of committing assault? If you or someone you know was arrested for assault and/or battery, you need to take this matter very seriously. As you face the criminal justice system, our highly skilled Orlando assault and battery defense attorney can make a real difference in the outcome of your case.
At any stage of your case – even before formal charges are filed – our firm can provide the legal counsel to which you are entitled. Both misdemeanor and felony assault and battery charges carry severe and potentially life-altering penalties. If you have any previous violent crime convictions on your record, you may face even more severe penalties.
Protect your rights and your future. Contact our firm at (407) 410-3173 for a free case evaluation.
What Constitutes Assault in Florida?
Under Florida Statute 784.011, assault is defined as a crime involving a threat that causes a victim to fear imminent harm – it does not necessarily involve any physical contact between the victim and the offender. If the offender does make physical contact with the victim, they could be charged with battery.
Florida law recognizes two types of assault: simple and aggravated. Simple assault is a second-degree misdemeanor that can result in up to 60 days in jail and up to $500 in fines. Aggravated assault is a third-degree felony that can result in up to five years in jail and up to $5,000 in fines.
The following factors may influence the severity of assault charges and potential penalties:
- Whether a firearm or other deadly weapon was used
- Whether the victim suffered significant bodily harm
- Whether the victim was a peace officer, government employee, child, or doctor
- The type of attack or act that was carried out upon the victim
- Whether the act was committed as a result of criminal negligence
What is Battery in Florida?
Battery is governed by Florida Statute 784.03 and occurs when an individual intentionally touches or strikes another person against their will or causes bodily harm.
Types of battery charges include:
- Simple Battery – A first-degree misdemeanor, carrying penalties of up to 1 year in jail and a $1,000 fine.
- Felony Battery – A third-degree felony, involving significant bodily harm or prior convictions, punishable by up to 5 years in prison.
- Aggravated Battery – A second-degree felony, involving serious injury, the use of a deadly weapon, or an assault on a pregnant victim, punishable by up to 15 years in prison and a $10,000 fine.
What are the Penalties for Assault and Battery Convictions in Florida?
The consequences of an assault and battery conviction extend beyond immediate jail time and fines.
Legal Penalties
- Jail or Prison Time – Sentences range from 60 days for simple assault to 15 years for aggravated battery.
- Fines – Can range from $500 for misdemeanors to $10,000 for felonies.
- Probation – Court-mandated supervision with conditions such as counseling or community service.
- Protective Orders – May restrict contact with the alleged victim, affecting housing and employment opportunities.
Collateral Consequences
- Employment Challenges – Background checks revealing a conviction can limit job opportunities.
- Firearm Restrictions – Felony convictions result in loss of gun ownership rights.
- Professional Licensing Issues – Those in licensed professions, such as healthcare or education, may face disciplinary action.
- Impact on Immigration Status – Non-citizens may face deportation or visa complications.
Avoiding these severe penalties requires aggressive defense from an experienced Orlando assault and battery defense lawyer.
What Steps Should You Take After an Arrest for Assault and Battery?
Protecting legal rights starts immediately after an arrest. Following these steps can help build a strong defense:
- Exercise the Right to Remain Silent – Avoid making statements to police without legal counsel.
- Refrain from Contacting the Alleged Victim – Any communication may be used as evidence against the accused.
- Gather Witness Information – Identifying individuals who can testify in support of the defense is critical.
- Document the Incident – Taking notes on what happened, including any injuries or evidence, can be valuable.
- Consult an Attorney Immediately – An Orlando assault and battery attorney will assess the case and determine the best course of action.
Early intervention by a skilled defense lawyer increases the likelihood of reduced charges or case dismissal.
Protect Your Rights with an Experienced Assault and Battery Defense Lawyer in Orlando
If you have been charged with assault and battery in Florida, it is crucial to have a skilled and experienced defense lawyer on your side. At the Law Offices of Jose E. Lopez, P.A., we understand the serious consequences that these charges can have on your life and future. Our dedicated team of legal professionals is committed to relentlessly fighting for your rights and providing you with the best possible defense.
Why choose us as your Orlando assault and battery defense lawyer:
- Extensive experience: With years of involvement in criminal defense, we have successfully handled numerous assault cases in Orlando and throughout Florida.
- Personalized approach: We understand that every case is unique, and we take the time to thoroughly analyze the details of your situation to develop a tailored defense strategy.
- Strong track record: Our Orlando firm has a proven track record of achieving favorable results for our clients, including dismissals, reduced charges, and acquittals.
- Compassionate support: Our compassionate attorneys understand that facing assault charges can be overwhelming, and we are here to provide you with compassionate support and guidance throughout the legal process.
Don’t face assault charges alone. Contact the Orlando assault attorneys at the Law Offices of Jose E. Lopez, P.A. today to schedule a consultation and discuss your defense options.
Assault & Battery Lawyer Near Me
When you consider the serious nature of assault charges, there is no substitute for experience in the courtroom. To protect your rights and your future, be sure to enlist the support of a trusted Orlando assault defense lawyer. Attorney Lopez is dedicated to providing effective solutions for your legal needs.
In situations where time is of the essence, acting swiftly in securing legal representation can make all the difference. Our presence in the local community as seasoned lawyers means familiarity with both the local court systems and personnel, providing an added layer of strategic advantage. Rely on our firm’s commitment to vigorous defense efforts, ensuring that every detail of your situation is meticulously explored.
Call (407) 410-3173 or reach out online today to schedule your free consultation.
FAQs About Assault Charges & Defense in Orlando
How Can a Lawyer Influence the Outcome of an Assault Charge?
A skilled Orlando assault attorney can be pivotal in influencing the outcome of your case. They analyze every detail of the incident, investigate evidence, and scrutinize the prosecution's claims to identify weaknesses and opportunities. Legal professionals are proficient in negotiating with prosecutors to reduce charges and potential penalties. They are also skilled in representing you effectively in court, crafting arguments that highlight reasonable doubt, and seeking favorable leniency for their clients. Additionally, they bring knowledge of procedural intricacies and local legal trends, framing a defense that resonates with court officials and jurors alike. This level of strategic legal maneuvering is a hallmark of dedicated defense, significantly shaping case outcomes.
What Are the Potential Defenses Against Assault and Battery Charges?
Several defenses could be applicable when facing assault and battery charges in Orlando. Self-defense is a common argument, requiring proof that the accused acted to protect themselves from imminent harm. Defense of others can also be claimed if the accused was acting to protect another individual. Misidentification or mistaken identity is another avenue, especially if discrepancies in witness testimony or evidence can be demonstrated. Sometimes, defenses may rest on proving there was no intent to intimidate or threaten, thereby negating the assault claim. An experienced Orlando assault and battery lawyer would scrutinize the situation to determine the most viable defense, tailoring arguments to the case's specifics for an optimal outcome.
How Does Orlando Handle Aggravated Assault Differently from Other Areas?
Orlando, like the rest of Florida, treats aggravated assault seriously, especially when a weapon is involved or if the victim belongs to protected categories like law enforcement or emergency personnel. The city is stringent in enforcing penalties aligned with state laws, which can include harsh sentences given Florida's severe stance on violent crimes. The local focus includes not just punitive measures but community safety initiatives that are often reflected in the judicial approach. Here, defense strategies may hinge on disproving aggravating factors or negotiating for reduced charges when weapon use is disputed or where third-party mitigating circumstances are at play.
Are There Alternative Sentencing Options for Assault and Battery Charges?
In some Orlando cases, alternative sentencing may be considered, focusing on rehabilitation rather than incarceration. Options can include probation, mandated community service, or participation in anger management or counseling programs. These alternatives aim to deter future offenses by addressing underlying behaviors. A key part of presenting alternative sentencing is demonstrating to the court that the defendant is committed to reform and is a responsible community member. Orlando's judicial system may offer these discretionary alternatives based on the circumstances of the offense, the defendant’s criminal history, and evidence of remorse or rehabilitation efforts presented during legal proceedings.
