By James Kontos

Are You Facing Assault Charges in Brevard County, FL? Our Defense Attorneys Are Here to Help.

If you or a loved one is facing assault charges in Florida, you’re likely feeling overwhelmed and unsure about what comes next. At Kontos Criminal Law, we have the experience and knowledge to guide you through the legal process, protect your rights, and fight for the best possible outcome.

What is Assault in Florida?

In Florida, assault is an intentional threat—through words or actions—that makes someone else fear they will be harmed. You don’t actually have to touch or injure the person to be charged with assault; it’s about causing fear of harm. Assault charges fall into two main categories: misdemeanor (simple) assault and felony (aggravated) assault.

Types of Assault Charges in Florida

Here’s a breakdown of the two main types of assault charges:

1. Simple Assault (Misdemeanor)
   • Definition: Simple assault is making a verbal or physical threat that causes someone to fear they will be hurt. It’s a misdemeanor, meaning it’s a less severe charge than a felony.
   • Penalties: Simple assault can lead to up to 60 days in jail, a $500 fine, and up to 6 months of probation.
2. Aggravated Assault (Felony)
   • Definition: Aggravated assault is a more serious charge and involves using a deadly weapon (like a knife or gun) or making threats while committing another crime. Even without causing physical harm, aggravated assault is still a felony due to the threat of serious harm.
   • Penalties: Aggravated assault can lead to up to 5 years in prison, a $5,000 fine, and up to 5 years of probation.

Misdemeanor vs. Felony: What’s the Difference?

• Misdemeanors: Misdemeanors are less serious than felonies and usually result in shorter jail sentences, smaller fines, or probation. Simple assault is generally a misdemeanor unless there are additional factors involved.
• Felonies: Felonies are more serious crimes with harsher penalties, including longer prison terms and larger fines. Aggravated assault, which involves a deadly weapon or a serious threat, is typically a felony.

Possible Penalties for Assault Charges in Florida

Here’s what you could face if convicted of an assault charge:

• Simple Assault (Misdemeanor):
  • Jail time up to 60 days
  • Fines up to $500
  • Probation up to 6 months
• Aggravated Assault (Felony):
  • Prison time up to 5 years
  • Fines up to $5,000
  • Probation up to 5 years

Defenses for Assault Charges in Florida

Facing an assault charge can be daunting, but a charge doesn’t mean you’re automatically guilty. There are several common defenses that may apply, depending on the situation.

1. Self-Defense
   • Explanation: If you acted to protect yourself from harm, this may be a strong defense. Self-defense applies when you believe you’re in immediate danger and use only the amount of force necessary to prevent that harm. For example, if someone is threatening or attacking you, you may have the right to protect yourself.
   • Key Factors: Florida’s “Stand Your Ground” law allows individuals to defend themselves without needing to retreat if they are in a place they have a legal right to be, like their home or vehicle. This defense may apply if you can show that your actions were reasonable and necessary to protect yourself from harm.
2. Defense of Others
   • Explanation: Similar to self-defense, this defense applies if you took action to protect someone else from harm. If someone else was in immediate danger, you might have acted to defend them from an attack or threat. This defense only works if the person you defended was legally entitled to be protected.
   • Key Factors: You must have had a reasonable belief that the person you were protecting was in danger, and your actions must have been necessary to stop the threat.
3. Lack of Intent
   • Explanation: Assault charges often require proof that you intended to make someone feel threatened or afraid. If there was no intention to cause fear, this could be a defense. For example, if your actions were misinterpreted or accidental, you may be able to argue there was no intent to threaten.
   • Key Factors: Your attorney might be able to show that your words or actions didn’t mean to cause harm or fear, challenging the prosecutor’s argument about your intentions.
4. False Accusation
   • Explanation: False accusations can happen, and sometimes people may make claims out of anger, revenge, or misunderstanding. In cases where someone has wrongfully accused you, an attorney can help gather evidence to show the truth.
   • Key Factors: Your defense might include witness testimony, security footage, or text messages that prove your innocence. A thorough investigation can reveal inconsistencies in the accuser’s story and help prove you didn’t commit assault.
5. Defending Property
   • Explanation: Florida law allows you to protect your property from damage or theft, though using physical force must be reasonable under the circumstances. For instance, if someone is vandalizing your property, defending it may be a valid defense if you didn’t use excessive force.
   • Key Factors: You must show that you believed your property was under threat and that your actions were appropriate to defend it without going beyond what was necessary.

How We Build a Defense

A skilled criminal defense lawyer will thoroughly examine the details of your case, collecting evidence and looking for any weaknesses in the prosecution’s argument. They might look into eyewitness testimonies, police reports, and surveillance footage that could support your defense. Your lawyer’s goal is to create reasonable doubt about the charges and show that the prosecution hasn’t proven the case against you beyond a reasonable doubt.

What to Do if You’re Charged with Assault

1. Stay Calm and Respectful: If you’re arrested, try to remain calm and cooperate with law enforcement.
2. Use Your Right to Remain Silent: Avoid discussing your case with anyone until you speak to a lawyer. Anything you say can be used against you.
3. Contact a Criminal Defense Lawyer: A lawyer experienced with assault cases can help you understand your rights and work with you on a defense strategy.

What to Expect in the Legal Process

• Arraignment: Your first court appearance, where you’ll hear your charges and enter a plea.
• Pre-Trial: Your lawyer may work to reduce or dismiss charges. They might also gather evidence and talk with witnesses.
• Trial or Plea Deal: Some cases go to trial, while others are resolved with a plea deal to reduce penalties.

Protecting Your Future with the Right Lawyer

If you’re facing assault charges, having the right legal support is essential. A skilled defense lawyer can review your case, explain your options, and help protect your future. Contact Kontos Criminal Law today for a consultation and learn how we can defend your rights.