Fort Myers Lawyers List the Most Common Legal Defenses Against Assault Charges
Fort Myers criminal defense lawyers see their fair share of assault charges. As a major city in Florida, Fort Myers deals with quite a bit of violent crime. Assault charges range from simple misdemeanor assaults to serious felony assaults.
When facing assault charges, the most important thing is to hire an experienced criminal defense attorney. The right lawyer can analyze the facts of your case and build a strong defense to get your charges reduced or dismissed.
Here are some of the most common legal defenses Fort Myers lawyers use against assault charges:
Self Defense
One of the most common defenses against assault charges is self defense. If you can show you acted in self defense when assaulting someone, you should not be convicted. For example, if someone attacks you and you fight back to protect yourself, that would likely be legal self defense.
To successfully argue self defense in Florida, your actions must have been subjectively and objectively reasonable. This means given the circumstances, a reasonable person would have believed force was necessary to prevent imminent death or great bodily harm. Deadly force is only justified if you are preventing serious bodily injury or death.
When arguing self defense, your lawyer will point out evidence of the other person threatening or attacking you first. Any wounds sustained in the altercation can help prove your actions were defensive. Witnesses can also testify that the other person was the aggressor.
Defense of Others
Similar to self defense is defense of others. This applies when you use physical force to defend another person from harm. For example, if you see someone getting assaulted, you may step in to stop the attack.
To successfully argue defense of others, your lawyer must show your intervention was necessary and reasonable. The person you defended must have reasonably appeared to be in imminent danger of harm. And the level of force used must have been proportionate to the threat.
Lack of Intent
Most assault charges require prosecutors to prove you intended to commit violence against the victim. If you can show you did not intentionally assault someone, you may be able to defeat the charges.
For example, if you got into an accidental scuffle or someone was injured by mistake, that would negate intent. Your lawyer may argue you were acting recklessly but did not purposefully try to harm anyone. Lack of criminal intent is especially important for negating aggravated assault charges, which require intent to seriously injure someone.
Misidentification
In cases lacking strong evidence, your attorney may argue misidentification. Eyewitness testimony can be unreliable. Your lawyer may demonstrate the victim identified the wrong person, whether deliberately or by mistake.
If there is little evidence beyond witness statements, highlighting inconsistencies in those statements could create reasonable doubt. Your attorney may also present alibis or point out differences between you and the victim’s description that show misidentification.
Insanity
Though rare, the insanity defense argues mental defect prevented you from understanding your actions or knowing right from wrong when the crime occurred. Successfully arguing insanity is extremely difficult and requires thorough psychiatric evaluation.
In Florida, the burden of proof is on the defense to demonstrate mental illness severe enough to meet the legal definition of insanity. You must show clear and convincing evidence you had a mental infirmity and could not tell your behavior was wrong. This defense rarely succeeds but may apply in unusual cases with strong proof of mental instability.
Provocation
Provocation or “heat of passion” may apply when you retaliate after extreme provocation that would cause any reasonable person to lose self control. For example, if you catch your spouse cheating and assault the other person, provocation may reduce your charges.
While provocation does not justify the assault, it can demonstrate you were under extreme emotional distress and did not act with premeditation. This can help mitigate assault to a lesser offense. Your defense lawyer will need to provide evidence of the triggering event and tie your reaction directly to that provocation.
Intoxication
Voluntary intoxication does not excuse criminal conduct. However, severe intoxication may be used to negate intent required for some crimes. Your lawyer can argue intoxication prevented you from forming the requisite intent to assault someone.
This mainly applies for aggravated assault requiring intent to seriously injure. It may help mitigate the charges or sentence. However, the defense rarely succeeds fully unless intoxication was involuntary or unforeseeable.
Duress
Duress or coercion involves committing a crime due to threat of serious harm. If another person forces you to assault someone against your will, duress may excuse your actions. For example, if someone holds a gun to your head and orders you to attack another person, that threat could constitute duress.
To prove duress, your lawyer must show an immediate threat of death or serious injury if you did not comply. There must have been no reasonable escape from the threat. And you must not have placed yourself in the threatening situation to begin with.
Consent
Consent may apply as defense to assault charges stemming from activities like sports, medical treatment, or consensual sex acts. Your lawyer can argue the alleged victim actually consented to the physical contact and knew the risks involved. For example, injuries sustained in a boxing match would not qualify as criminal assault since both parties consented by stepping in the ring.However, you cannot legally consent to acts intended or likely to cause serious bodily injury or death. So consent would not apply as defense to aggravated assault charges involving extremely dangerous activities.
Mitigating Factors
When full acquittal is unlikely, your lawyer may present mitigating factors to reduce your sentence. These involve circumstances showing the assault was partly excusable or justifiable, even if not fully legal.
Mitigating factors may include having no prior criminal history, showing remorse, making amends with the victim, or undergoing counseling and rehabilitation. Other conditions like mental illness, addiction, or duress may provide grounds for leniency as well.While they do not justify the crime, mitigating factors allow the judge to impose less harsh sentences. So when conviction seems inevitable, it becomes critical to negotiate for mitigation wherever possible.
What to Expect in Your Assault Case
Now that you know the most common assault defenses, here is what typically happens in assault cases:First, the alleged victim reports the assault to police, who gather evidence and witness statements. If they feel the evidence justifies charges, the prosecutor files them, and you get arrested.At your arraignment, you enter a plea of guilty, not guilty, or no contest. Pleading not guilty allows you to dispute the charges at trial. No contest means you accept punishment without admitting guilt.Next your lawyer will receive evidence from prosecutors during discovery and build defenses by interviewing witnesses. They may negotiate plea deals or file motions contesting evidence admissibility, challenging probable cause, or asserting speedy trial rights.If no plea deal results, your case proceeds to trial. The prosecution presents evidence and witnesses proving guilt beyond reasonable doubt. Your lawyer cross examines them before presenting defense arguments and witnesses to refute charges.Finally both sides make closing arguments, and the judge or jury decides guilt. If convicted, the judge determines sentencing based on statutory guidelines and mitigating/aggravating factors. Possible sentences range from fines and probation to years in prison depending on the charges.
Finding the Right Lawyer
As you can see, assault cases involve complex legal processes requiring experienced local counsel. Fort Myers has many law firms and criminal attorneys well versed in Florida assault law.When choosing a lawyer, find someone experienced specifically with assault defense. Confirm they are licensed in Florida without history of malpractice or discipline. Read online reviews and talk to the lawyer before retaining them. Meet with them in person when possible.Good assault lawyers will listen to all case details before suggesting personalized defense strategies. They will walk you through what to expect at each point from investigation through trial. Choose someone you feel comfortable with and who instills confidence they can build a strong case.
Don’t take chances on your future. An assault conviction can ruin careers, destroy families, and lead to long prison sentences. Hiring the right lawyer significantly improves your odds of a favorable outcome. So take time to research and retain an assertive assault defense attorney you trust.