Fort Myers Assault Defense Attorney
Lee County crime statistics reveal over 1,500 cases of aggravated assault every year, making it one of the most commonly charged violent crime offenses. If you or a member of your family is facing assault charges in Fort Myers, Hollander & Hanuka Attorneys at Law can help. As a former public defender, attorney Dan Hanuka is thoroughly familiar with the people and procedures in the criminal justice system in Lee and Collier counties. We are dedicated to providing a robust defense for individuals accused of assault and helping them get the best outcome possible given their circumstances. Contact our experienced Fort Myers assault defense lawyer for immediate assistance.
What Is Assault Under Florida Law?
Assault is a serious offense under Florida law, specifically outlined in Florida Statutes 784.011. The statute defines assault as an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act that creates a well-founded fear in the other person that such violence is imminent. It’s important to note that physical contact is not required for an assault charge to be filed—merely the threat of violence is enough.
Penalties for Assault in Florida
Assault is typically charged as a second-degree misdemeanor in Florida. If convicted, the penalties can include up to 60 days in jail, six months of probation, and fines up to $500. These penalties can escalate if the assault is aggravated or involves certain protected classes of individuals, such as law enforcement officers. In such cases, the charges could be elevated to aggravated assault, which carries significantly harsher penalties. For example, a person who assaults another person in furtherance of a riot can be charged with a misdemeanor of the first degree, where the potential penalties are basically doubled if convicted.
Elements of Assault That Must Be Proven
For a conviction of assault under Florida law, the prosecution must prove the following elements beyond a reasonable doubt:
- Intentional Threat: The defendant intentionally and unlawfully threatened to do violence to the victim.
- Apparent Ability: The defendant appeared to have the ability to carry out the threat at the time it was made.
- Fear of Imminent Violence: The defendant’s actions created a well-founded fear in the victim that the violence was imminent.
If any of these elements are not proven, the charge may not stand. An experienced criminal defense attorney will challenge the prosecution’s case and show how reasonable doubt exists that one or more of these elements exist.
Possible Defenses to Assault Charges
Several defenses may be applicable in an assault case, depending on the circumstances. Some common defenses include:
- Self-Defense: The defendant acted in self-defense, believing they were in immediate danger of being harmed.
- Defense of Others: The defendant was protecting someone else from imminent harm.
- Lack of Intent: The threat was not intentional, or there was no intention to create fear of imminent harm.
- False Accusation: The accusation is false, often arising from misunderstandings or conflicts.
Each case is unique, and an experienced criminal defense attorney can evaluate the facts to determine the most effective defense strategy.
How a Criminal Defense Attorney Can Help
At Hollander & Hanuka, our experienced criminal defense attorneys understand the intricacies of Florida’s assault laws and are committed to securing the best possible outcome for our clients. We meticulously investigate the circumstances surrounding the charge, gathering evidence, interviewing witnesses, and identifying any weaknesses in the prosecution’s case. In some cases, we can negotiate with the prosecutor to have the charges reduced to a lesser offense or even dismissed entirely, especially if there is insufficient evidence.
If a trial is not in your best interest, we can work to secure a favorable plea deal, such as probation or reduced sentencing, which can help you avoid the harshest penalties. If your case goes to trial, our attorneys are prepared to fight for your rights in court, presenting a compelling defense to the jury.
Contact Hollander & Hanuka for a Free Consultation
If you are facing assault charges in Fort Myers, time is of the essence. The sooner you have an experienced criminal defense attorney on your side, the better your chances of achieving a favorable outcome. Call Hollander & Hanuka today at 239-332-3300 for a free consultation, and let us put our knowledge and experience to work for you. We are dedicated to protecting your rights and your future.