Assault
Practice Areas
Assault Lawyers Melbourne, FL
Facing assault charges in Melbourne is a serious matter that requires experienced legal representation immediately. Our assault lawyers in Melbourne, FL, have decades of combined experience protecting defendants’ rights throughout Brevard County. Platt, Cole, Russell & Simpson PLLC has a longstanding reputation for securing the best possible outcome for clients. If you need an assault attorney in Melbourne, FL, to fight for your freedom, call us at 321-725-3425 or fill out our contact form today for a free consultation.
Criminal Defense for Assault or Battery Cases in Brevard County
Simple Assault
This criminal charge is the lowest-level type of assault charge. In Florida, simple assault occurs when someone makes a threat by word or action that causes a person to believe they face immediate harm or death. Unlike battery, this occurs even if it doesn’t include physical pain or contact. Simple assault is a second-degree misdemeanor. The maximum penalties include 60 days of jail time, 6 months of probation, and/or paying $500. For simple assault charges, the state must prove that the alleged victim felt a reasonable fear of violence.
If you or a loved one are facing simple assault allegations, an experienced assault attorney in Melbourne, FL, can review your assault case, help protect your rights, and build a strong defense to protect your rights.
Aggravated Assault
Under Florida law, aggravated assault charges involve either the use of a deadly weapon or the intent to commit a felony crime. This includes what other locations call vehicular assault in Melbourne. Prosecutors don’t have to prove the defendant intended to kill. They must only show that a deadly weapon was used to threaten or that the defendant intended to commit another crime during the act. These assault charges are classified as third-degree felonies under Florida law. Potential penalties include up to 5 years in prison/supervision and a $5,000 fine. When the defendant uses a firearm, Florida’s “10-20-Life” law may apply.
If you or a loved one is facing assault charges, a Melbourne assault lawyer can evaluate your case, explain your legal options, and fight to protect your future.
Simple Battery
In Florida, simple battery happens when someone intentionally touches or hits another person against their will, or causes bodily harm without consent. Courts need proof of actual contact for battery. Florida law classifies simple battery as a first-degree misdemeanor. Potential penalties include up to a year in jail/probation and a $1,000 fine. If the defendant has prior battery convictions, courts can upgrade and impose harsher consequences if convicted.
If you’ve been accused of battery, a Melbourne battery lawyer at our law firm can examine the facts, challenge the prosecution’s evidence, and fight for the best possible outcome.
Third-Degree Felony Battery
Felony battery under Florida law occurs when the defendant has previously been convicted of battery and commits another battery offense, or when the battery causes great bodily harm but does not rise to the level of “aggravated”. A conviction for third-degree felony battery in Florida carries penalties of up to 5 years in prison or probation and a $5,000 fine. In addition, this conviction creates a permanent mark on your criminal record. It can affect your civil rights to vote or possess firearms.
If you’ve been charged with battery, a Melbourne battery lawyer from our legal team can challenge the evidence and fight to protect your rights.
Domestic Battery By Strangulation
In Florida, domestic battery by strangulation occurs when a family member impedes the normal breathing or circulation of another person. Courts don’t need proof of visible injury in these cases.
This offense is defined in Florida Statutes § 784.041(2)(a). Domestic battery by strangulation is a third-degree felony offense. It falls under Florida’s domestic violence laws. This means additional penalties can include mandatory jail time, completing a Batterers’ Intervention Program, losing firearm rights, and protective injunctions.
Judges are harsh on strangulation cases, even if the alleged victim doesn’t appear injured afterwards. Strangulation cases are prosecuted more aggressively than other domestic battery offenses.
If you have been accused of domestic battery, a Melbourne assault and battery lawyer from our law firm can analyze your case, challenge the evidence, and work to protect your rights and future. If you’re being portrayed as an attacker, you need a qualified attorney to defend you.
Aggravated Battery (Assault With a Deadly Weapon)
Aggravated battery is one of the most serious violent crimes. These criminal cases occur when the incident involves great bodily injuries, permanent disability or disfigurement, or the defendant uses a deadly weapon during the act. Prosecutors don’t have to prove the defendant meant to kill. Courts only need proof that weapons were used in a harmful capacity. Florida Statutes § 784.045 defines this offense as a second-degree felony. Potential penalties for aggravated battery include 15 years in prison/probation and a $10,000 fine. If the defendant used a firearm, courts may enforce Florida’s “10-20-Life” law. These criminal cases are rarely eligible for diversion or reduced charges. If convicted, defendants face life-altering consequences, including gun restrictions and criminal records.
If you’ve been accused of battery, an assault and battery lawyer in Melbourne, FL, can challenge the evidence and build a defense to protect your freedom.
Why Choose a Melbourne Assault and Battery Lawyer from Our Criminal Defense Law Firm?
Choosing the right legal team can make the difference between jail time and protecting your future. Our criminal defense attorneys in Melbourne, FL, bring decades of combined experience handling cases.
We understand Florida criminal laws, what courts expect, and how to negotiate or litigate for the best result. We ensure that clients are fully informed, skilled in negotiations, and know how to tailor their defenses.
When your reputation and freedom are on the line, choose our Melbourne assault attorneys.
Melbourne Assault Defense Lawyer Serving Brevard County and Surrounding Areas
Defense for Assault Charges in Melbourne, FL
- Downtown Melbourne assault cases
- Melbourne Beach legal representation
- Palm Bay assault or battery cases
- Satellite Beach assault charges
- Indialantic assault charges
Brevard County Assault Defense
- Cocoa Beach assault charges
- Titusville assault charges
- Assault cases in Rockledge
- Merritt Island legal representation
- Viera assault or battery cases
- Cape Canaveral assault or battery cases
Florida Assault Laws and Penalties
First Time Assault and Battery Charge: Florida
Under Florida law, many assault or battery cases are treated as misdemeanors unless they involve deadly weapons or injuries. The person can face the following maximum penalties (which can also include probation terms) and/or must pay the following fines:
Simple assault: 60 days of jail time and/or $500
Aggravated assault: 5 years in prison and/or $5,000
Battery: 1 year of jail time and/or $1,000
Felony battery: 5 years imprisonment and/or $10,000
Judges will consider alternative consequences, like community service or anger management, for first-time offenses, especially when the incident doesn’t cause harm. Brevard County judges allow pre-trial diversion programs. These let first-time defendants complete conditions to have their assault case dismissed.
A Melbourne assault and battery lawyer can help protect clients’ rights and conduct skilled negotiations with prosecutors for the best possible outcome.
Aggravated Assault With Deadly Weapon Without Intent to Kill: Florida
The state defines aggravated assault in Florida as an assault committed with a deadly weapon or committed with the intention of committing a felony crime. Deadly weapons can include firearms, knives, or any object used in a way that could cause serious injuries. Prosecutors don’t have to prove that the defendant intended to kill. They only need to prove that the deadly weapon was used in a threatening manner and that the alleged victim was reasonably afraid of violence.
If deadly weapons are firearms, penalties typically increase significantly under Florida’s “10-20-Life” law. The 10-20-Life law imposes mandatory minimum incarceration terms, depending on the gun use.
Assault and Battery on an Elderly Charges in Florida
The difference between assault or battery involving elderly victims is that the consequences are more severe. If the person is under 65, simple assault or battery is typically defined as a misdemeanor. However, when the alleged victim is 65 or older, the same conduct under various types of assault or battery is upgraded to a felony under Florida law.
Florida law also imposes mandatory minimum penalties for assault or battery involving the elderly. Typically, convictions require at least 3 years in prison, paying $10,000, and 500 hours of community service. Here, judges often oppose reduced charges for many assault or battery cases. This gives prosecutors less room to reduce charges at filing.
If you’re facing charges for assault or battery on an elderly person, a Melbourne assault lawyer can explain common defenses and determine the best defense strategy for your criminal charges.
Florida Stand Your Ground Law
The Florida Stand Your Ground law offers the right to use deadly force in certain circumstances without having to retreat first. Under Florida’s stand your ground/self-defense laws:
- A person can use or threaten deadly force if they reasonably believe it’s necessary to prevent death, great bodily harm, or a forcible felony.
- If on the property legally, victims don’t have to retreat. This generally includes your home or vehicle and public places.
- If the use of force is legal, Florida law offers immunity from criminal cases and civil lawsuits.
- If defendants claim immunity, judges can hold pre-trial hearings to decide whether the person is protected.
The Stand Your Ground law is broader than other states’ self-defense laws. Under Florida’s self-defense laws, you don’t have to retreat before responding with force.
If you’re facing assault charges, an experienced criminal defense lawyer from our law firm can determine whether self-defense applies. A Melbourne assault attorney will explain your legal options and fight to protect your rights.
Brevard County Legal Process for Assault and Battery Cases
The legal process for assault and battery in Brevard County and Seminole County follows Florida’s 18th Judicial Circuit procedures. This is located at 2825 Judge Fran Jamieson Way, Viera, FL 32940. Prosecutors review police reports, decide on charges, and represent the state in negotiations and at trial. Because courts often take a firm stance, our assault attorneys in Melbourne, FL, carefully prepare defense strategies for clients.
Our experienced assault attorneys in Melbourne help the accused navigate the legal process.
In the first step, the accused typically attends a hearing within 24 hours. Here, bonds and release conditions are set.
The next step is arraignment. Here, the defense attorney enters the plea.
The court then schedules pretrial hearings. These address motions, discovery, and plea negotiations.
If our assault lawyers in Melbourne, FL, can’t reach an agreement, we’ll proceed to a jury trial.
Before the trial begins, the court conducts jury selection. In this legal process, judges, prosecutors, and defense attorneys question potential jurors to ensure a fair trial. After jury selection, the criminal case proceeds to trial.
Working With Melbourne Police During Assault Case Investigations
When Melbourne police respond to assault or battery calls, the officers can arrest suspects immediately. This can happen without a warrant. Police reports become the foundation of the prosecution’s assault case. Our Melbourne assault attorney team reviews reports to find inaccuracies, omissions, or subjective conclusions.
In addition, police collect evidence. While evidence is used to support the prosecution’s assault case, our experienced attorneys scrutinize the collection, preservation, and whether it proves the allegations. Improper handling can lead to suppression in trials.
Also, some witnesses are biased, influenced, or misinterpret the alleged attack. Our assault lawyers in Melbourne, FL, analyze witness statements, cross-examine witnesses, and present explanations for witness allegations against our clients.
To learn more about our legal services for clients facing assault charges in Brevard County, contact a Melbourne assault attorney from our legal team.
Comprehensive Criminal Defense in Melbourne, FL
Our experienced assault defense attorneys in Melbourne offer comprehensive representation for crimes throughout Brevard County.
Domestic Violence Defense
Victims alleging domestic abuse can request restraining orders. Brevard County courts can issue restraining orders without the alleged attacker being present at the hearing. Our experienced assault attorneys in Melbourne defend against restraining orders. We challenge evidence of abuse, present witness testimony, and show a lack of danger. Legal representation from qualified attorneys can help prevent long-term consequences for housing, employment, and parental rights.
Protective orders can directly affect a parent’s rights. Our Melbourne domestic violence lawyers coordinate family law and criminal cases to ensure clients’ rights are protected in both. We also represent clients when allegations of domestic violence affect family law cases in Melbourne, FL.
Melbourne Federal Assault Charges
Federal assault charges are handled in the U.S. District Court for the Middle District of Florida. The potential penalties are based on federal statutes. The person will face the following sentences and/or must pay the following for assaulting a federal officer:
- Federal simple assault: 1 year and/or $100,000
- Federal assault with physical contact or intent to commit a felony: 8 years and/or $250,000
- Federal assault with a deadly weapon or resulting in bodily injury: 20 years and/or $250,000
For Brevard County assaults occurring on federal property, like Patrick Space Force Base, post office, or other federal buildings, the person will face the following prison sentences and/or must pay the following amounts:
- Federal simple assault: 6 months and/or $5,000.
- Striking, beating, or wounding, or when the victim is under 16: 1 year and/or $100,000
- Federal assault with a weapon, meaning to do harm or cause serious bodily injury: 10 years and/or $250,000
- Assault with intent to commit murder: 20 years and/or $250,000
If you are facing assault charges in Brevard County, a skilled assault attorney in Melbourne, Florida, can help you understand the penalties, protect your rights, and fight for the best possible outcome.
Arrested for Assault in Melbourne, FL? Call Now for Emergency Defense
Calling an experienced assault attorney in Melbourne immediately is crucial. Every decision made right after you’re arrested can have consequences. The prosecution moves quickly to gather evidence and build the assault case against you. Without qualified attorneys to represent you, you risk self-incrimination, could miss the chance to challenge bond conditions, or could lose evidence that supports you.
The sooner you contact a Melbourne assault lawyer from our law firm, the sooner our legal team can step in and create reasonable doubt. Retaining experienced lawyers for defense representation before legal proceedings is crucial.
Call 321-725-3425 or use our online contact form today to speak with a Melbourne assault defense attorney.
Melbourne Assault Defense FAQ
Our Melbourne assault attorneys provide answers to difficult questions to help safeguard legal rights:
Is Spitting on Someone Assault in Florida?
Spitting on someone is not considered assault in Florida. Under Florida statutes, spitting is treated as offensive physical contact. So, when someone spits on another person, a potential battery occurs.
Does Assault Require Physical Contact in Florida?
No. In Florida, assault does not require any physical contact. Unlike battery cases, assault cases focus on threats towards a person’s health or behavior that cause a reasonable person to believe a violent crime will occur.
How Long After an Assault Can You Press Charges in Florida?
Under the Florida statute of limitations, pressing criminal charges depends on the types of assault cases. The deadline is 1 year for simple assault and 3 years for aggravated assault.
Time can be extended in these examples:
- The accused leaves the state
- The accused hides their identity
- If DNA evidence identifies the perpetrator later, the state can bring charges after this time for specific felonies.
- Capital felonies have no time limits.
Contact an Assault Attorney in Melbourne, FL, for a Free Consultation
You don’t have to face the burden of assault charges in Melbourne alone. Our Melbourne assault attorneys are ready to step in to fight for the best possible outcome. Call us at 321-725-3425 or use our form for a free consultation today.
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