Brandon Assault Defense Lawyer

Trusted Assault Defense Attorney in Brandon

If you’re facing criminal allegations in Florida, you need a Brandon assault defense lawyer who protects your freedom, career, and reputation. You cannot afford to let the state build its case unchallenged. Paul Figueroa Law provides the zealous advocacy needed to defend against the state’s evidence, protect your rights, and pursue a reduction or total dismissal of your charges.

Paul Figueroa Law—A Hard-Working Brandon Criminal Defense Lawyer

Defending against assault allegations requires a thorough understanding of Florida law and the legal culture in The Sunshine State. At Paul Figueroa Law, we pursue all available defenses in your case. We explain your case in easy-to-understand terms so you can make informed decisions about your case. From Providence Lakes to Sterling Ranch, locals trust us.

Founding attorney Paul Figueroa has more than 15 years of legal experience. Starting at the Thirteenth Judicial Circuit Public Defender’s Office as a Certified Legal Intern, he represented juveniles accused of misdemeanor charges. Once admitted as a lawyer, Paul started working at the Public Defender’s Office, earning a reputation as a relentless advocate who litigated high-profile cases. Since 2017, Paul has worked tirelessly for his clients at Paul Figueroa Law.

What Is an Assault?

Florida takes assault charges very seriously, classifying them as an intentional threat to cause violence to another person by one’s words and/or actions, coupled with an apparent ability to do so. The assaulted individual must believe harm is imminent. Depending on your case, assault is considered either a first- or second-degree misdemeanor.

For the state to upgrade the charge to aggravated assault, the prosecution must prove someone committed a simple assault either with a deadly weapon or with the specific intent to commit a felony. Aggravated assault is a third-degree felony, which elevates the offense from a misdemeanor to a severe state-level crime.

Assault charges are often paired with battery, which is an actual physical touch. However, they remain completely separate offenses in Florida. If you are charged with both assault and battery, the compounding charges typically increase your potential penalties if convicted. For this reason, it’s critical that you act quickly and consider retaining an attorney who defends against these charges.

What Defenses Are Available for an Assault Charge?

Depending upon the facts of your case, an accused may be able to use a legal defense. Common areas of focus include:

• Using motions to dismiss or motions to suppress evidence can be critical in narrowing the scope of the state’s case or highlighting procedural errors
• Florida’s “Stand Your Ground” law, which may provide immunity from prosecution if it can be demonstrated that the use of force was necessary to prevent death or great bodily harm
• The lack of intent or the absence of a well-founded fear in the alleged victim, since assault requires the “intentional” threat of violence

There are about two million individuals currently in prison across the U.S., which means courts are overwhelmed with criminal trials. As a result, only about two percent of the nation’s criminal cases ever proceed to trial. When last studied by the Florida Department of Law Enforcement, Hillsborough County saw 3,201 reported aggravated assault/aggravated stalking crimes.

This data highlights the importance of having experienced representation on your side. Without an attorney advocating for you, the judicial system can treat you as just another case number. It’s hard to build your own legal defense. Work with a skilled lawyer to build a solid case on your behalf.

What’s at Stake After an Arrest for Assault?

If convicted, Florida treats assault with severe, life-changing penalties. A conviction leaves a permanent criminal record and can ruin future job, housing, and educational opportunities.

Penalties escalate quickly based on whether your unique arrest circumstances were a:

• Simple assault. A misdemeanor with up to 1 year in jail and $1,000 in fines.
• Aggravated assault. A third-degree felony with up to 5 years in prison and $5,000 in fines.

Targeting protected classes can upgrade the charge to a second-degree felony. Immediate legal representation is critical if you’re facing assault charges.

FAQs

How Can a Defense Lawyer Assist Me After an Arrest for an Assault Charge?

A defense lawyer can provide comprehensive assistance after an arrest for an assault charge in Brandon. Depending upon your case, we might prove:

• You acted in self-defense or in defense of others.
• The words you used were empty words, hypothetical comments, or too vague to create a justifiable, immediate fear of harm in the alleged victim.
• The state’s case relies on unreliable witness testimony.
• The interaction was part of a mutually agreed-upon activity or physical encounter.

What’s the Burden of Proof for an Assault Case?

For an assault conviction, the prosecution must prove beyond a reasonable doubt:

• You willfully made a verbal or physical threat intending to cause imminent violence to another person.
• You possessed the clear, visible capability to carry out that threat at that exact moment.
• Your actions created a justifiable, believable fear in the alleged victim that violence was immediately about to happen to them.

What Must Be Proven for a Conviction for an Aggravated Assault Case?

For an aggravated assault conviction, the prosecution must prove an additional element beyond the requirements of a simple assault. The state must prove the alleged assault was committed either with a deadly weapon or with the explicit intent to commit a separate felony.

This means your defense attorney does not have to prove your innocence. They must only establish reasonable doubt, which dismantles the felony enhancement and protects your freedom.

Can I Represent Myself for an Assault Case?

While technically you can represent yourself for an assault case in Florida, most people should not represent themselves when facing assault charges. Many people make costly mistakes or miss important deadlines when they self-represent. However, when you work with a licensed attorney, they help you avoid making major mistakes and protect your constitutional rights.

Hire an Assault Defense Lawyer—Contact Paul Figueroa Law

To hire an assault defense lawyer in Brandon, contact Paul Figueroa Law. Paul Figueroa’s grasp of Florida’s assault defense laws is second to none. He investigates all available defenses for your case.

Contact Paul Figueroa Law for a consultation with a Florida criminal defense attorney.