Assault Defense Attorneys

In Fflorida a crime of assault can be charged under assault, aggravated assault, assault of law enforcement officers (including firefighters, emergency medical care providers, public transit employees or agents, or other specified officers), assault on sexually violent predators detention or commitment facility staff, assault on the elderly (someone over 65 years of age), assault by a person who is being detained in a prison or jail, or assault on code inspectors.

These crimes are proscribed under Florida Statute 784.  The general crime of assault found in Florida Statute 784.011 and occurs when:

1. You intentionally and unlawfully threaten, by word or act, to do violence to the alleged victim.
2. At the time, you appeared to have the ability to carry out the threat.
   
3. In the victim's mind, your act or words created a well-founded fear that the violence was about to take place.

If you have been arrested the time period between the arrest and the formal filing or not filing of charges is a critical period.  That means that the State Attorney has your file, and the assault defense attorneys at K.L. Foote can send an investigator’s report, from our in house investigator, or letter detailing our position to the state attorney, we will work to prevent charges from being filed.  The state attorney is ethically bound to only file charges that they think they can prove beyond a reasonable doubt.  A “victim” that is unwilling to cooperate or is willing to sign a waiver of prosecution does not necessarily mean the case is going to be not filed or dropped.  Under Florida law the State Attorney has the ultimate say in determining whether charges will be filed.   A prosecutor will often order the 911 tape and speak with any witnesses if any (both law enforcement and civilian witnesses) before making their final decision.

Often by investigations and interviewing the witnesses, inconsistencies and differences can be found that would create a reasonable doubt of the occurrence of the events.

There are many ways to defend an individual against a Florida Assault Charge.  These include showing that you were justified in your actions, that you had no apparent ability to carry out your threat, that the victim had no reason to fear the words or actions, or that the victim was unaware of them at the time they happened.

If you have been charged with a crime of assault in Florida or believe you are under investigation of an assault or other criminal activity please call 1-877-903-6683 to speak with an experienced assault attorney immediately.

Contact one of our Florida Assault Defense
Attorneys for a FREE consultation.

Attorney K.L. Foote provides services to clients throughout Florida’s Gulf Coast. We service Crystal River, Inverness, Homosassa, Bushnell, Brooksville, Hernando Beach, Dade City, Zephyrhills, New Port Richey, Tarpon Springs, Lakeland, Oldsmar, Clearwater, Largo, Pinellas Park, St. Pete, Gulf Port, Sun City, Palmetto, Holmes Beach, Bradenton, Longboat Key and Sarasota.

Pasco County • Pinellas County • Hillsborough County • Hernando County • Citrus County