Lakeland Assault Defense Lawyer

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If you are facing assault charges in Lakeland, Florida, let us help. Contact a Lakeland assault defense lawyer at Thomas C. Grajek, Attorney At Law, at (863) 688-4606 to schedule a consultation.

When facing assault charges in Lakeland, FL, it’s important to understand the severity of the situation. An assault conviction can result in serious penalties, such as jail time, fines, and a permanent criminal record.

At our law firm, our criminal defense lawyers have extensive experience defending clients against assault charges in Lakeland and throughout Florida.

We understand the complexities of these cases and will work to build a strong defense on your behalf.

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How Thomas C. Grajek, Attorney At Law Can Help If You’re Arrested For Assault

If you find yourself facing assault charges in Lakeland, FL, our team is here to provide the guidance and representation you need.

Here’s how we can assist you:

Comprehensive Case Evaluation: We’ll thoroughly review the details of your case, ensuring that we understand the circumstances and what we need to do to defend you.
Negotiation Skills: Our attorneys are skilled negotiators who will seek the best possible outcomes through plea bargaining when it’s in your best interest.
Trial Representation: If your case goes to trial, we will provide aggressive representation in the courtroom to fight for your rights and your future.
Post-Trial Services: If you’re convicted, we can help you with sentencing, look into expungement, and clear records on your behalf.
Emotional Support: Facing assault charges can be stressful. We provide compassionate support throughout the process, helping you navigate your feelings and concerns.

If you’re facing charges in Lakeland, Florida, we’re here for you. Contact Thomas C. Grajek, Attorney At Law to schedule a consultation with a Lakeland criminal defense lawyer.

Overview of Assault in Florida

In Florida, assault is defined as a threat of harm directed at another person, which instills a reasonable fear of imminent violence in that individual. It is important to note that assault does not require any actual physical contact; it hinges on the perception of an imminent threat. A person commits assault when they make a verbal or non-verbal threat to inflict harm and possess the ability to carry out that threat.

Examples include:

Verbal Threats: Making a direct threat to harm someone, such as saying, “I will punch you” or “I will hurt you.”
Non-Verbal Threats: Displaying a weapon or making gestures that suggest an intention to cause harm.

Understanding assault charges and having experienced legal representation can significantly impact the outcome of your case for the better.

Aggravated Assault in Florida

Aggravated assault is a more serious form of assault that involves specific circumstances that elevate the crime. In Florida, using a deadly weapon during an assault without the intent to kill the victim qualifies as aggravated assault. This means that if an individual threatens another with a weapon or brandishes a weapon in a menacing manner, even without a direct intention to cause fatal harm, the charge can be elevated.

Additionally, if the purpose of the assault is to facilitate the commission of a felony, it is also classified as aggravated assault.

What Are the Penalties For Assault in Lakeland, Florida?

Simple assault is classified as a second-degree misdemeanor in Florida. If convicted, an individual may face a penalty of up to 60 days in jail and a fine of $500. If these threats occur during a riot, the charge can be elevated to a first-degree misdemeanor. A conviction in this case could lead to a maximum sentence of one year in jail and a fine of up to $1,000.

Penalties for Aggravated Assault in Florida

Aggravated assault is categorized as a third-degree felony in Florida, which carries substantial penalties. If convicted, an individual could face up to five years in prison, a fine of $5,000, or both.

Given the serious nature of these charges, it is important to seek qualified legal representation to navigate the situation.

What Defenses Can Be Raised If I’m Arrested For Assault?

When facing assault charges in Florida, understanding potential legal defenses is essential. The specific defense used will depend on the circumstances of your case, but some of the most common ones include:

Self-Defense

Self-defense is a legal doctrine that allows an individual to use reasonable force to protect themselves from imminent harm. In Florida, a defendant may argue that their actions were justified if they genuinely believed that they were at risk of injury or death, and they responded with proportional force to avert that threat.

The claim of self-defense must be substantiated by evidence that demonstrates the necessity of the response.

Accident

Claiming that the incident was an accident can be used as a defense when an individual unintentionally causes harm to another person without any intent to injure or threaten. Proving this defense involves demonstrating that the actions leading to the incident were not reckless or negligent but rather the result of an unforeseen circumstance that was beyond the defendant’s control.

To substantiate an accident defense, gathering evidence such as eyewitness testimony, video footage, and expert opinions supporting the claim that the harm was accidental and not indicative of any malicious intent is crucial.

When raising the defense of consent, the defense argues that the victim voluntarily agreed to the conduct that led to the alleged harm, negating the possibility of a crime having occurred. This defense is often applicable in cases involving physical altercations, sexual encounters, or certain sports-related incidents where some level of risk is inherent.

To prove consent, it is essential to demonstrate that the victim was fully aware of the nature of the activity and explicitly agreed to participate. This can be substantiated through various means, including written agreements, recorded communications, and testimonies from witnesses.

False Allegations

This defense contends that the accusations made against the defendant are untrue and were intentionally fabricated by the complainant. To substantiate this defense, the attorney must investigate and present evidence that supports the claim. This may include gathering testimony from witnesses who can attest to the complainant’s motives, inconsistencies in their statements, or any corroborating evidence that undermines the credibility of the allegations.

Insufficient Evidence

The defense of insufficient evidence asserts that the prosecution has failed to meet its burden of proof to establish guilt beyond a reasonable doubt. This defense can be raised when the evidence presented does not adequately support the allegations made against the defendant. To effectively prove this defense, the attorney must evaluate the prosecution’s case, highlighting inconsistencies, gaps, or lack of credible witnesses.

This may involve presenting counter-evidence or alibis that weaken the prosecution’s narrative, demonstrating to the court that the evidence is insufficient to sustain a conviction. The focus should be on highlighting doubt regarding the defendant’s involvement in the alleged assault.

Adequate legal counsel can help identify the most effective strategy and ensure that your rights are vigorously defended throughout the judicial process.

Schedule a Case Evaluation With Our Lakeland Assault Defense Lawyer

If you are facing assault charges or are in need of legal guidance regarding other criminal allegations against you, it is crucial to act promptly. Our experienced attorneys are ready to assist you by providing a evaluation and a comprehensive review of your case. During the case evaluation, you will have the opportunity to discuss the specific circumstances surrounding the allegations and explore potential defenses.

We understand the consequences of assault charges, and our commitment is to ensure that your rights are protected and your voice is heard. Contact Thomas C. Grajek, Attorney At Law to schedule a consultation with a Lakeland assault defense lawyer.

Lakeland Assault Defense Client Review

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Lakeland, FL Courts

Polk County Court Reporter – 402 S Kentucky Ave # 390, Lakeland, FL 33801
Polk County Clerk of the Circuit Court & Comptroller – 930 E Parker St, Lakeland, FL 33801
Circuit Court – 930 E Parker St, Lakeland, FL 33801

Additional Lakeland Assault Defense Resources

Our criminal defense law firm in Lakeland also provides: