The Florida Bar 1950
American Bar Association
Justia Lawyer Rating
OCBA
Lake County Bar Associaton
Florida Justice Association

Orlando Assault Attorneys

Assault Defense in Orlando

If you have been arrested or charged with assault, it is vital that you contact a capable and aggressive assault attorney immediately. At Adams, Luka, & Benton, we understand the serious consequences you may face if found guilty of assault. We provide vigorous, effective legal counsel for those accused of assault, and will put all of our skill and experience to work on your behalf to defend your legal rights, freedom, and reputation.

In Florida, it is unlawful to threaten another individual with violence intentionally, making the intended victim fearful that you actually have the ability to proceed with the violence threatened. Unfortunately, there are times when an argument gets out of hand and threats are made, or even carried through.

In order for an individual to be found guilty of assault, the prosecutor must prove three elements:

  1. the defendant unlawfully and intentionally threatened by act or word to inflict violence on another person;
  2. at the time of the threat, the defendant apparently possessed the ability to carry through with the threat;
  3. the act of the defendant put in the alleged victim's mind a well-founded fear that the threatened violence was imminent or about to occur.

It is important to note that the alleged victim's fear must be justifiable. If it cannot be proven that the accused had specific intent to cause the alleged victim to be fearful, the defendant cannot be convicted of the crime of assault.

Assault is one of the most frequently charged crimes; it is vital that you discuss your situation with a capable criminal defense attorney immediately, before speaking to police or answering questions.

Defenses to Assault in Orlando and Central Florida

There are several effective defense strategies which may be used to protect against a conviction in cases involving assault. Verbal arguments can often result in misunderstandings, and the intentions of each person are not always clear-cut. Defenses often used in assault cases include:

  • Defense of yourself or others who may be present
  • Defense of property
  • Prevention of a crime
  • Punishment of those who may be under the care of the defendant

Because of the subjective nature of assault, it is an offense that is considered one of the most defendable.

Florida Criminal Penalties for Assault in Orlando and Central Florida

Simple assault is a misdemeanor offense in Florida; the accused does not have to make physical contact or injure the alleged victim in order to be found guilty. If convicted of assault, the criminal penalties include:

  • Fine of up to $500
  • 60 days in jail or six months probation

While the penalties for assault are not as serious as those for other assault/battery crimes, no one wants to spend time in jail or be required to pay hundreds of dollars in fines. In addition, having a conviction on your criminal record could affect employment opportunities and even the penalties you may face if convicted of a future criminal offense.

Contact Adams, Luka, & Benton Now

As trusted criminal defense attorneys, we are committed to providing our clients with aggressive, effective legal representation. Whether you have been arrested or are under investigation for assault, contact us now for a free consultation.

Client Reviews
★★★★★

I would like thank my attorney Thomas Luka. I knew from the beginning I had the right guy in my corner. While celebrating with family and friends at a Public Park in Seminole County, a fight broke out among various people. Myself, and a good friend, broke up the fight and the instigators left. Six months later, I was wrongly accused as the person who started the fight. The first attorney I hired could not even get a response from the State Attorney handling the case. Someone referred me to Tom and I felt comfortable at his demeanor and reactions.

After conversations with Tom, who knew I would settle for nothing less than a FULL DISMISSAL due to my innocence, I hired him. His firm Adams, Luka, & Benton did the due diligence by interviewing witnesses and the police who were on the scene, as well as starting a dialogue with the State Attorney. After gathering statements from witnesses, Tom was able to present a strong argument on my behalf to the State Attorney on why the case should be dismissed. If the State Attorney was not willing to dismiss the case, Tom was ready to take the case to trial.

The result by Thomas Luka: Case Dismissed.

I am 53 years old with a spotless record and glad to keep it that way thanks to the time, effort, hard work, and professionalism of Adams, Luka, & Benton.

Earl from Mesquite
★★★★★
Thomas Luka left a life-long great impression of lawyers. He was always professional, on time, and answered things honestly. From the start and during the 14 months it went on - Tom was very upfront and honest with me about the possible outcomes. The result was better than I had hoped for. Tom really over-delivered. HIGHLY RECOMMEND. Marcela Giorgi
★★★★★
Adams and Luka were very professional and savvy in the courtroom. When you're in court with Mr. Luka you will think you have the best attorney there. I recommend this law firm. Pioneer Tech
★★★★★
Rich Adams is an outstanding criminal attorney. I have had the opportunity to refer several friends and clients to his practice for handling of criminal matters, and on every occasion he has produced an excellent result. Rich practices with attention to detail, a thorough knowledge of the law, and a passion to defend his clients. I will continue to refer clients to Rich Adams, and would strongly recommend him for your legal needs. Brian Pink