Assault Defense Attorney in Daytona Beach, Florida 

Being charged with assault in Florida can be a frightening and overwhelming experience. Knowing your legal rights and understanding which defense strategies you can use when charged with assault is essential for anyone facing such criminal proceedings in the state of Florida.  

If you have been accused of assault in Daytona Beach, Florida, or other parts of the state, contact DaytonaDefense.com. Our knowledgeable and results-driven assault defense attorney will thoroughly examine the details of your case and help you develop the best defense strategy that fits the unique facts of your case. With an office in Daytona Beach, Florida, our team assists individuals facing assault charges in Palm Coast, New Smyrna Beach, DeLand, Port Orange, and throughout Flagler and Volusia Counties.  

What Counts as Assault? 

In Florida, “assault” is defined as any intentional act or threat that causes another person to fear physical harm. There does not need to be actual physical contact between the parties for an assault charge. In other words, simply making a threatening gesture or statement can constitute assault. 

People often confuse the terms “assault” and “battery.” Contrary to popular belief, these are two different offenses in the state of Florida. You can face assault charges even if there has been no physical contact. Battery charges, on the other hand, apply when you deliberately hit, strike, touch, or cause bodily injury to another individual.  

An assault conviction carries harsh punishments, including hefty fines and jail time. That is why it is imperative that you get legal counsel as soon as possible to start working on your defense.  

Types of Assault   

It is important to understand the two types of assault charges and the penalties associated with them in order to make an informed decision about how to proceed with your defense: 

1. Simple (misdemeanor) assault. Simple or misdemeanor assault is a second-degree misdemeanor in Florida. In order for someone to be charged with simple assault, the individual needs to intentionally make an unlawful threat against another person, creating a reasonable fear in that person that harm or violence is likely to occur. A common example would be verbally threatening to punch or hit another person.  

2. Aggravated (felony) assault. Aggravated or felony assault is a third-degree felony in Florida. In order for someone to be charged with aggravated assault, the individual must either (a) use a deadly weapon against another person without the intent to kill or (b) assault another person with the intent to commit a felony. For example, if a person makes an intentional and unlawful threat against another individual while burglarizing their vehicle, the offense may be considered aggravated assault.  

If you are facing either type of charge, it is essential that you seek counsel from an experienced criminal defense attorney who can help you navigate your case and work towards achieving the best possible outcome for your situation. At DaytonaDefense.com, our assault defense attorney provides outstanding criminal defense to people facing misdemeanor and felony assault charges in Daytona Beach, Florida, and surrounding areas.  

Possible Defenses  

There are several possible defenses to assault charges. However, in order to build a successful defense strategy for your case, you need to work with a skilled assault defense attorney in Daytona Beach, Florida, who can help you choose the best strategy for your specific situation. Your attorney may pursue one of the following defenses:  

• Self-defense. Under Florida law, individuals may use threats or force as long as it is reasonably necessary to repel an attack or defend themselves from harm. This means that if you can prove your actions were necessary to prevent injury or death to yourself or another person, then you may be able to argue self-defense in court. It should be noted that this defense may not be used if you are the one who initiated the altercation. 

• Consent. Another possible defense against assault charges is consent. If both parties agreed to participate in some sort of contact sport or other physical activity and both parties were aware of the risks associated with said activity, then it can be argued that any harm caused was consensual and, therefore, should not be considered an assault under Florida law.   

• Necessity. The defense of necessity can also be used in some cases involving assault charges. This argument states that while a crime might have been committed (i.e., an assault), it was done out of necessity in order to avoid greater harm or danger than would have been caused by the act itself.   

• Defense of others/property. In certain circumstances, an individual may argue that they acted in defense of another person or their own property when they committed an act that resulted in an assault charge being brought against them. This argument states that because the accused was protecting someone else (or their own property) from imminent danger and harm, their actions were justified and therefore should not result in criminal charges being filed against them.   

• Lawful correction of a child. Finally, parents who are facing criminal charges due to disciplining their children may argue “lawful correction” as their defense against such charges in Florida courts. The law allows parents to use reasonable force when correcting their children so long as no permanent injury is done. However, this does not mean a parent can hit their child without repercussions—the amount of force used must still be proportional to whatever misbehavior necessitated the discipline in the first place. 

With proper legal representation, you will understand exactly how these and other defenses could potentially work for you.