Have you been arrested for simple assault, aggravated assault or battery? Protect your rights by retaining an experienced criminal defense attorney who is committed to raising a vigorous defense on your behalf.
For a strong defense, contact the Law Offices of Mark L. Horwitz in Orlando, Florida. Our attorneys have more than 50 years of combined experience in criminal defense. We believe that every person who is accused of a crime has a right to a zealous defense.
Assault and Battery Charges in Florida
An assault, sometimes referred to as a simple assault, is a second degree misdemeanor in Florida. An assault occurs when a person threatens to commit an act of violence against another person and has the current ability to carry out their threat. The person who is threatened must have a well-founded belief that violence is imminent [Florida Statute § 784.011].
An assault is different from battery, which requires physical contact by the assailant against his or her victim. An assault only requires a threat which a person is able to carry out and which the victim reasonably believes.
Defenses to an Assault Charge
Our skilled criminal defense attorneys can provide a strong defense to your assault charge. There are a number of defenses we may be able to raise on your behalf, including:
- Lack of intent: An assault requires an "intentional, unlawful threat." You may have been joking or your conduct may otherwise have fallen short of an intentional, unlawful threat.
- Lack of ability: You had no present ability to carry out the threat.
- No actual fear: The alleged victim must have actually feared for their safety and that fear must be well-founded. If the alleged victim knew you were not serious or had no fear of imminent harm, you are not guilty. The word imminent is important because it applies a type of harm that will occur shortly.
- False allegations: You may have been in an argument with a spouse, boyfriend, girlfriend, friend or stranger who has simply made a false allegation against you.
If the prosecution has an overwhelming case and you do not wish to fight your charges at trial, we can seek an agreement with the prosecution that might allow you to avoid a criminal conviction, plead guilty to a lesser offense or minimize the penalties you receive.
As a client of our firm, you can be confident that you will be represented by an experienced and skilled defense lawyer. Our founding attorney, Mark Horwitz, is a former prosecutor and Board Certified Specialist in Criminal Trial Law*.
Contact Our Orlando-Tampa-Daytona Beach Assault Attorneys
We defend clients throughout Florida who have been charged with assault. To schedule a consultation with one of our Orlando assault defense attorneys, call 407-401-7224 or 866-784-0023. You may also contact us by e-mail.
*Board Certified Specialist in Criminal Trial Law, Florida Bar Board of Specialization and Education since 1988
*Board Certified in Criminal Trial Advocacy by the National Board of Trial Advocacy since 1983
