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Orlando Aggravated Assault Lawyers


In Florida, aggravated assault is charged as a felony offense; essentially, the crime of assault is enhanced from a misdemeanor to a felony because either the accused individual intended to commit a felony in the assault, or had a deadly weapon in his/her possession at the time without the intent to kill. As dedicated aggravated assault lawyers, we understand the serious consequences you may face if found guilty of this offense. Our top priority is to protect your legal rights and provide aggressive legal guidance and representation so that the best possible results may be obtained.

Defenses to Allegations of Aggravated Assault in Orlando

When accused of aggravated assault, there are a number of defense strategies that have proven to be effective in preventing a conviction. These defenses include, but are not limited to:

Self-defense. If you had reason to fear for your own safety or the safety of someone else, it is lawful to protect yourself or others in your company.

Consent. If the alleged assault occurred in the context of an activity such as wrestling, martial arts, or other activities that individuals consent to which may present an element of danger, consent may be an effective defense.

Defense of property or others. Most courts allow the use of reasonable force in preventing damage or theft of one's own property. Acting to protect others in your presence from perceived harm may also be a legitimate defense.

There are several defenses which may be effective in a particular case, depending on the circumstances and facts of that case. It is highly recommended anyone who is arrested or charged with aggravated assault contact an experienced criminal defense attorney in right away.

Aggravated Assault - Penalties

In Florida, aggravated assault is a third-degree felony offense which may result in severe criminal penalties for those convicted. While it is essentially assault committed using a deadly weapon, the type of weapon has an impact on the penalties an individual may incur if found guilty. Penalties are as follows:

Under Florida Statute 784.011, aggravated assault is punishable by a maximum of five years in state prison. However,

  1. when a firearm or destructive device is the deadly weapon, the mandatory minimum sentence is three years in prison;
  2. when the firearm or destructive device is discharged during the commission of the crime, the mandatory minimum is 20 years in prison;
  3. when a semi-automatic firearm or machine gun was the weapon involved, the minimum sentence is 15 years in prison if the weapon had a magazine or detachable box capable of holding a minimum of 20 center fire cartridges;
  4. when the type of firearm listed in (c) above is discharged during the assault, the mandatory minimum prison sentence is 20 years;
  5. if death or great bodily harm occurred because of the discharge, the minimum prison term will be 25 years, with a maximum sentence of life in prison.

With this crime, criminal penalties run the gamut depending on the circumstances in each individual case. This is why it is critical that anyone accused of this crime consult with a qualified aggravated assault defense lawyer immediately.

Contact Adams & Luka for Exceptional Legal Representation

A conviction for aggravated assault will not only result in a loss of freedom, it will negatively impact your career, reputation, and family relationships as well. Individuals who hold a professional license may be unable to have their licenses renewed following a felony conviction. At Adams & Luka, we take a dedicated and aggressive approach in defending clients charged with aggravated assault, using our skill, experience, and knowledge to obtain positive results. Don't put your freedom and future in jeopardy; 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 of Adams and Luka 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 the Adams and Luka and Tom Luka.

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