Fort Myers Assault Defense Lawyer

Assault Defense Attorney in Fort Myers, FL

Assault charges don’t require actual violence to occur, but can be charged for a violent threat that causes reasonable fear of violence. If you have been charged with an assault offense, you need a Fort Myers assault defense lawyer to help you build a defense. Whether or not you committed the offense, you need representation to fight for you and help you secure the ideal outcome, potentially even securing a dismissal of the charges.

Atlas Defense Law: Your Dedicated Fort Myers Assault Defense Attorney

Atlas Defense Law has nearly 20 years of legal experience and has a track record of success in negotiations and in court. We know how uncertain it can be to face charges for assault, especially when you have never dealt with the criminal justice system before. Our firm offers you dedicated and strategic legal guidance with care and compassion.

Benjamin Abdulnour is a dedicated and seasoned trial attorney with experience in over 50 trials and numerous cases with successful acquittals. When you reach out to our firm, he answers your call personally, providing unmatched communication.

Assault charges may be handled by the 20th Circuit Court, both located on Dr. Martin Luther King Jr. Boulevard in Fort Myers. At Atlas Defense Law, we support you at every step of your assault case, listening to you and determining an appropriate defense strategy. We fight for your future.

What Are Assault Offenses in Fort Myers?

There are two common forms of assault offenses: simple assault and aggravated assault. Simple assault is the offense of all of the following:

1. Making an intentional and unlawful threat of violence by word or action
2. Having the seeming ability to commit the act of violence
3. Creating a reasonably founded fear of imminent violence in another person

This is penalized as a second-degree misdemeanor. It becomes a first-degree misdemeanor if it occurs during a riot.

Aggravated Assault

Aggravated assault is the offense of committing assault with a deadly weapon, but not with the intent to kill, or committing an assault while intending to commit another felony.

This is a third-degree felony. There were 1,552 aggravated assault offenses in Lee County in 2021, according to the Florida Department of Law Enforcement. In 2020, there were 1,525 offenses. 606 of the aggravated assaults in 2020 involved the use of a firearm. There are also certain types of assault which are charged depending on the victim of the offense, such as law enforcement officers, individuals 65 or older, or specified officials.

What Are the Potential Penalties for Assault?

A second-degree misdemeanor for simple assault can lead to 60 days in jail and up to $500 in fines. A first-degree misdemeanor carries a maximum jail term of 1 year and a fine of up to $1,000. An aggravated assault charge, third-degree felony, can lead to up to five years of imprisonment and up to $5,000 in fines. Some aggravated assault charges could have mandatory minimum sentences.

These offenses can also lead to other penalties, such as probation, community service, an anger management course, and other court-ordered classes.

What Are Potential Defenses to Assault Charges?

Violent offenses are taken very seriously in criminal court, even if they are misdemeanors. The prosecution has the burden of proof, and if it cannot meet this level of proof, you cannot be convicted. It is important that you work with an attorney who takes proactive steps to build your defense. Potential defenses could include:

• Lack of intent, where you did not mean to say something or commit an action that was a threat of violence
• No ability to commit, where you have no actual ability to follow through on the threat made
• Self-defense or defense of others, where you made the threat to protect yourself, others, or the property of yourself or others
• Provocation, where the victim provoked you into making the threat
• False accusations, where the threat never occurred

FAQs

Q: How Much Does an Assault Defense Lawyer Cost in Florida?

A: An assault defense lawyer in Florida can have varying costs depending on the attorney you work with and other factors. Aggravated assault and assault with other aggravating factors can require more extensive work and defense, which can increase the costs.

An attorney’s experience also affects fees. More experienced attorneys may charge more, but can get a result that protects your future.

Q: What Three Elements Must Be Present to Prove That an Assault Occurred?

A: The elements that must be present to prove that an assault offense occurred in Florida are 1) a purposeful and unlawful act or word towards the threat of violence, along with 2) a seeming ability to follow through on the threat, which 3) creates a reasonable fear in the person that the violence is imminent. There are many types of evidence that may be used to prove or disprove these elements, such as eyewitness statements.

Q: Why Do You Need to Hire an Assault Defense Lawyer in Fort Myers?

A: It is crucial that you hire an assault defense lawyer in Fort Myers to defend your reputation, future, and freedom. Conviction of an assault offense can affect your employment, lead to jail time, and result in serious fines. Having a criminal record can also affect your long-term opportunities in employment, housing, education, and more. Your greatest chance of avoiding these consequences is to have an attorney help reduce or avoid penalties of conviction.

Q: What Charge Is Worse, Assault or Battery?

A: Simple battery is worse than simple assault in Florida because assault is charged as a second-degree misdemeanor, and battery is charged as a first-degree misdemeanor with more severe potential penalties. Assault does not have to involve an actual act or harm, but only a threat of harm and the apparent ability to carry it out. Battery does require an intentional touch or strike against a person’s will, or an action that causes bodily harm.

Manage Your Assault Defense Cases in Fort Myers

If you are facing criminal charges for assault, you need legal defense. A conviction can affect your finances, freedom, job, and reputation. Reach out to Atlas Defense Law and learn how we can aid you in creating a strong defense.