Our Lawyers Build a Strong Defense against Assault Charges in Tavares, Inverness and Clermont
Former public defenders know how to deliver justice
The terms “assault” and “battery” are commonly used interchangeably, but they are different crimes with different elements that the state must prove. A person may be charged with either assault or battery or both. It is important to understand the specific offense you are charged with so you can make informed decisions about your case.
The attorneys at Largey Law are former public defenders who believe in justice for all defendants. When you meet with our team, we candidly explain the offense you’re charged with, the evidence the prosecution is likely to present against you and how we plan to fight the state’s allegations.
Elements of simple assault a prosecutor must prove
Simple assault is a second-degree misdemeanor. To secure a conviction for assault, the prosecutors need to prove all of the following elements:
- An intentional, unlawful threat by word or act to do violence to another person
- An apparent ability to hurt the person
- Committing some act that creates a well-founded fear that violence is imminent
The alleged victim must feel fear of harm for the threat to be an assault.
Aggravated assault is a third-degree felony. To convict you, the prosecutors must prove every element of a simple assault (above) and that the offense was committed:
- With a deadly weapon without intent to kill, or
- With an intent to commit a felony
Aggravated assault carries greater penalties, including longer periods of incarceration in state prison rather than county jail.
When the offense involves a member of your family or household, he or she is charged with domestic assault. Family or household members include spouses, former spouses, blood or marriage relations, people living together currently or in the past, and parents of a child in common. A domestic assault charge can also give rise to a domestic violence injunction.
Defenses to assault allegations that match the facts of your case
If you are charged with assault, our lawyers consider the defenses that might be available to you, including:
Self-defense and defense of an innocent third party are complete defenses. However, other defense strategies are limited in effect. For instance, if you prove the incident was an accident, you may escape criminal charges, but you’re exposed to civil liability. Proving consent to an assault does not get you off the hook entirely; you may be charged with disorderly conduct, a second degree misdemeanor. We advise you on the strategy that fits the facts of your case and explain the extent to which it could relieve you from the weight of the charges against you.
Raise a strong defense against assault charges in Tavares, Inverness and Clermont
If you have been arrested for assault, call Largey Law at 352.508.1485 or contact the firm online to schedule your free consultation at one of our offices in Tavares, Inverness and Clermont. We can also meet with at your home or at the jail, and we will schedule after-hours appointments when necessary. We represent clients throughout Central Florida. Se habla español.