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Assault Defense Attorney Serving Bartow, Lakeland, and Central Florida
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Lakeland Assault Defense Lawyer - Criminal Law
Experienced Assault Defense attorney providing Criminal Law Legal Services in Bartow, Lakeland, Winter Haven, Auburndale, Haines City, Polk County, and the greater Central Florida area.
Call 863-354-0508 today to schedule a Free Consultation with assault defense lawyer, Robert A. Norgard.
Facing an assault charge in Central Florida is an incredibly serious matter. An arrest can instantly disrupt your life, threaten your employment, and expose you to the reality of jail time, severe statutory fines, and a permanent criminal record. Because assault charges often rely heavily on subjective interpretations of a single situation, the quality and experience of your legal representation can make all the difference in your case.
At the Law Office of Robert A. Norgard, located in Bartow, Florida, we provide aggressive, sophisticated criminal defense representation. Serving clients in Bartow, Lakeland, Winter Haven, Auburndale, Haines City, Polk County, and the greater Central Florida area, our legal team brings an invaluable perspective to your defense.
A Strategic Courtroom Advantage: Our firm features the powerhouse insight of Attorney Robert A. Norgard, a Florida Bar Board-Certified Criminal Trial Specialist with over 40 years of experience, who is an aggressive defense advocate and former prosecutor.
The Defense of Criminal Assault Charges in FLorida
By understanding exactly how the state constructs its arguments, we expose the weaknesses in the prosecution's case, protect your constitutional rights, and fight to preserve your freedom.
A common misconception is that assault involves physical violence. Under the Florida Statutes, assault is fundamentally a crime of threat or fear, not physical contact. The exact moment unlawful, intentional physical contact occurs, the state will escalate the charge to Battery.
Florida law separates assault into two primary categories, each carrying vastly different statutory penalties:
Simple Assault (F.S. § 784.011)
Under Florida Statute § 784.011, Simple Assault is defined as an intentional, unlawful threat by word or act to do violence to another person, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in the victim that violence is imminent.
- Classification: Second-Degree Misdemeanor.
- Potential Conviction Penalties: Up to 60 days in a local county jail, up to 6 months of probation, and a $500 fine.
Aggravated Assault (F.S. § 784.021)
Under Florida Statute § 784.021, a person commits Aggravated Assault when they commit a Simple Assault either with a deadly weapon (without an intent to kill) OR with an intent to commit a felony (such as threatening someone with a weapon during a robbery). A "deadly weapon" can be a firearm, a knife, or even an everyday object like a vehicle or a tool if used in a way likely to cause death or great bodily harm.
- Classification: Third-Degree Felony.
- Potential Conviction Penalties: Up to 5 years in state prison, up to 5 years of probation, and a $5,000 fine.
- Note: If a firearm is discharged during an aggravated assault, it may trigger severe, mandatory minimum prison sentences under Florida's enhanced sentencing laws.
To secure a conviction for assault in a Florida courtroom, the State Attorney’s Office must eliminate all reasonable doubt regarding three distinct elements of the crime. The prosecution must prove the defendant:
- Made an intentional and unlawful threat by word or act to do violence to the alleged victim.
- Had the apparent ability to carry out that threat at the exact time it was made.
- Caused the alleged victim to have a well-founded fear that violence was completely imminent.
If a skilled criminal defense attorney can introduce reasonable doubt regarding even one of these structural components, the jury must return a verdict of Not Guilty. For example, if the alleged victim’s fear was completely unreasonable under the circumstances, or if you lacked the physical proximity or means to carry out the threat immediately, the legal foundation for an assault charge fails.
Challenging Criminal Assault Charges
Because assault cases frequently lack physical evidence and often boil down to conflicting "he-said, she-said" statements, they are highly vulnerable to aggressive defense tactics. Our legal team meticulously investigates police reports, locates independent witnesses, and reviews available bodycam or surveillance footage to deploy effective legal strategies:
- Challenging Criminal Intent: We work to demonstrate that the alleged threat was accidental, a statement made in jest, hyperbole, or entirely taken out of context, thereby negating the required element of intentional conduct.
- Invoking Self-Defense & Stand Your Ground (F.S. § 776.012): Under Florida’s robust Stand Your Ground laws, you are legally permitted to threaten the use of force if you reasonably believe it is necessary to defend yourself or others against another person's imminent use of unlawful force. We can file formal motions to request total immunity from prosecution.
- Disputing the "Deadly Weapon" Designation: In felony Aggravated Assault cases, we aggressively argue if an object does not meet the strict statutory definition of a deadly weapon. Successfully defeating this element can result in a felony being reduced to a simple misdemeanor.
- Pretrial Diversion & Negotiation: For clients with minimal or no prior criminal history, we leverage weaknesses in the state's case to negotiate for entry into Pretrial Diversion Programs (PTD). Successful completion of a diversion program results in a complete dismissal of all criminal charges, opening the door for an expungement of your arrest record.
An assault conviction can follow you for the rest of your life, creating a permanent criminal record that severely restricts your employment opportunities, housing choices, and professional licensing options. Do not leave your future to chance or rely on the leniency of the state.
Put a veteran trial team, featuring a Florida Bar Board-Certified Criminal Specialist and a former prosecutor, in your corner. Contact the Law Office of Robert A. Norgard today to schedule your free, completely confidential legal consultation. We are ready to review your case at our Bartow law office or discuss your options over the phone.
Call 863-354-0508 today to schedule your Free Consultation with Lakeland assault defense attorney, Robert A. Norgard.
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