Orlando Assault Criminal Defense Lawyers

Call 407.421.2043 or 239.333.8279 today to schedule a Free Consultation with assault criminal attorneys, Mr. Pedro Matos or Mr. Gilbert Arroyo.

Assault charges in Florida carry significant legal consequences and navigating the criminal justice system can be a daunting task. THEAMLAWYER, P.A., with its seasoned team of defense attorneys, stands at the forefront of criminal defense, offering a beacon of hope and legal experience to those facing such charges in Orlando and throughout Central Florida.

Understanding Assault in Florida

Florida law clearly defines assault in §784.011 of the Florida Statutes as an intentional, unlawful threat by word or act to inflict violence upon another individual. This threat must be coupled with the apparent ability to carry out the violence and must be accompanied by an act that causes the alleged victim to experience a well-founded fear that violence is imminent. This statute has been judicially interpreted and reinforced by case law such as State v. Wilson and Albright v. State.

To prove the crime of assault under Jury Instruction 8.1, the prosecution must establish beyond a reasonable doubt:

1. The defendant intentionally and unlawfully threatened, either by word or act, to do violence to the victim.
2. The defendant had the apparent ability to carry out the threat.
3. The act created a well-founded fear in the victim that such violence was imminent.

Cases such as Johnson v. State and H.W. v. State affirm these elements as the cornerstone of a valid assault prosecution in Florida.

Potential Conviction Penalties

Florida categorizes assault into different levels based on aggravating factors. A simple assault is considered a second-degree misdemeanor, carrying a maximum penalty of 60 days in jail, six months probation, and a $500 fine under §775.082 and §775.083. However, under §784.011(3), if the assault is committed in furtherance of a riot or aggravated riot under §870.01, it can be elevated to a first-degree misdemeanor with more severe consequences.

Aggravated assault, covered under §784.021, is classified as a third-degree felony, with penalties of up to five years in prison, five years probation, and a $5,000 fine. Florida courts, including in Lavin v. State and U.S. v. Dominguez, have consistently held that aggravated assault also requires proof of a specific intent to do violence and the use of a deadly weapon or the intent to commit a felony.

Prosecution's Burden of Proof

The burden of proof lies entirely with the prosecution, and it is a stringent one. Florida’s courts have emphasized this high threshold in multiple rulings. For example, in Pinkney v. State, the court clarified that the state must prove that the defendant’s conduct was substantially certain to instill fear in the victim. The subjective fear of the victim must be reasonable and well-founded, as established in Viveros v. State.

Courts have further held that mere words or vague threats are insufficient without accompanying acts or present ability to execute the threat, as outlined in Butler v. State and Battles v. State.

Potential Defense Strategies in Assault Cases in Orlando, Florida

Various legal defenses can be mounted depending on the facts of the case. These include:

• Self-defense: As per Ray v. State and Barnes v. State, an individual may use reasonable force to defend themselves or others against imminent threats.
• Defense of property: Florida law allows the use of force in defense of one’s home, though this has limits, as explained in State v. Smith.
• Lack of Intent: According to Somers v. United States, reckless behavior does not constitute assault under Florida law; there must be knowing or intentional conduct.
• No well-founded fear: As established in Sullivan v. State, the fear must be imminent and realistic, not speculative or distant.
• False accusations or mistaken identity: Often seen in emotionally charged situations, such defenses highlight inconsistencies or lack of credible witness testimony.

THEAMLAWYER, P.A.'s Experience in Assault Criminal Defense Cases

THEAMLAWYER, P.A. has extensive experience defending against both simple and aggravated assault charges across Central Florida. Attorneys Pedro Matos and Gilbert Arroyo have successfully argued cases by challenging the credibility of the prosecution’s witnesses, disputing the presence of a well-founded fear, and demonstrating lack of intent. With a strategic approach grounded in legal precedent—including Benitez v. State and Cambell v. State—we understand how to navigate jury expectations and leverage procedural rules to the client’s advantage.

We have also protected clients from the collateral consequences of convictions such as immigration implications, loss of civil rights, and enhanced sentencing in future cases. Our firm stays abreast of evolving standards through close monitoring of decisions from Florida's appellate courts and the 11th Circuit, including recent interpretations in U.S. v. Lockley and U.S. v. El-Amin.

Call 407.421.2043 or 239.333.8279 today to schedule a Free Consultation regarding Assault Criminal Defense.

Whether you are facing a misdemeanor or felony assault charge, the consequences can be life-altering. Time is of the essence. Reach out to THEAMLAWYER, P.A. today and let our Orlando-based assault defense team review your case, identify any weaknesses in the prosecution’s evidence, and prepare an aggressive defense strategy tailored to your specific situation.

With offices strategically located to serve Orlando, Winter Park, Maitland, Longwood, and Altamonte Springs, our criminal defense attorneys are ready to advocate for your freedom and future.