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Criminal Defense Lawyer in Orlando, FL

Aggravated Assault Lawyer in Orlando, FL

Under Florida law, aggravated assault is an enhanced assault charge that involves either the use of a deadly weapon or the intent to commit a felony. An aggravated assault conviction can have severe consequences on someone's life. In order to avoid a conviction, you should contact an attorney as soon as you have been arrested for aggravated assault. The lawyers at Hanlon Law have valuable experience defending the rights of those facing aggravated assault charges and know what is required to avoid a conviction. We fight to defend our clients' futures and work hard to form the strongest possible defense for their specific cases. 


Definition of Aggravated Assault 


Under Florida Statute 784.021, an aggravated assault is threatening someone’s life with a deadly weapon without intent to kill or with intent to commit a felony. The deadly weapon involved in an aggravated assault does not have to be a firearm. A deadly weapon is any object or instrument that can be used to cause great bodily harm. For example, a baseball bat, knife, and vehicle are all considered deadly weapons. 


As stated above, an offense can be considered aggravated assault if a deadly weapon is used with the intent to commit another felony. This means that if the defendant assaulted the victim while committing another felony crime, they could also face aggravated assault charges. 


Penalties for an Aggravated Assault Conviction 


Aggravated assault is classified as a third-degree felony, punishable by up to 5 years in prison and up to a $5,000 fine. Penalties for an aggravated assault conviction can be harsher depending on various factors. For example, if you are accused of using a firearm during an aggravated assault, you may face up to 20 years in prison. If you face aggravated assault charges for using a deadly weapon with intent to commit another felony, you will face separate charges and penalties for the other offense. 


Defenses Against Aggravated Assault Charges 


Aggravated assault charges are more serious than simple assault charges and can result in severe penalties if convicted. A skilled attorney will investigate the circumstances of your case and arrest in order to form the most robust defense for your specific case. Here are some common defenses used to beat aggravated assault charges. 


Self Defense 


In order to establish self-defense, a person must show a threat of illegal force or harm against them, a real perceived fear towards themselves, no provocation on their behalf, and no reasonable chance of escaping the situation. The force used in self-defense must be reasonable when compared to the threat posed. Self-defense is likely the most common defense used in assault cases. 




Defense of others is similar to self-defense, with the only difference being that the defendant must have a real perceived fear of harm to another person. 


Defense of Property 


It is possible in an assault case to claim that the defendant acted in defense of their property against it being invaded or withheld illegally. Defense of property typically allows an individual to use reasonable force in defense of their property, especially when one’s home is involved. 


Necessity 


A defendant may argue necessity when they engaged in conduct that would normally be considered a criminal offense but was forced to commit what may be considered aggravated assault because they had no alternative to avoid greater public or private injury. 


Consent 


Consent would be an available defense to an aggravated assault charge if the victim consented to a particular act, such as in a contact sports environment like wrestling or boxing. 


Lack of Mental State 


A defendant may be able to avoid a conviction for an aggravated assault charge if they did not have the required mental state or did not commit the offense knowingly, recklessly, or intentionally when the alleged assault was committed. 


Defend Your Freedom Against an Aggravated Assault Conviction 


If you are facing an aggravated assault charge, it is essential you contact an aggravated assault defense lawyer as soon as possible. The consequences of this crime can include jail time, expensive fines, and a criminal record that will affect your future. The lawyers at Hanlon law are ready and qualified to defend those accused of aggravated assault. We investigate the circumstances of our clients' arrests and evaluate the police’s evidence against them in order to form the most vigorous defense. 


If you are facing charges for aggravated assault  in Orlando, FL, contact the attorneys at Hanlon Law today.

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