Ricardo Alvarez P.A.

Lakeland, FL Assault Criminal Defense Attorney

Experienced Criminal Defense Attorney in Lakeland, FL - Ricardo Alvarez offers aggressive legal services for alleged assault crimes. Serving Polk County and Central FL. Contact Assault Criminal Defense Attorney Ricardo Alvarez Today!


Lawyer, Ricardo Alvarez

Call 863.709.0808 about your Assault Criminal Defense legal needs in Lakeland, Polk County, and Central Florida.

In the State of Florida, there are various forms of Criminal Assault:

Assault crimes may be charged as a misdemeanor or felony, depending on the specific nature of the alleged assault, who the assault was allegedly committed against, and sometimes, the accused prior criminal history.

In order for the prosecution to obtain a conviction for criminal assault crimes, intent must be proven beyond a reasonable doubt. Since intent is often very subjective, an experienced criminal defense attorney may get the charges dropped or dismissed.

If you have been charged with an assault crime, you need an attorney on your side who is knowledgeable of the law, experienced at trial, and able to negotiate for you from a position of strength. Call our law office 24 hours a day, 7 days a week at 863.709.0808, or by using our online case evaluation form.

We stand ready to aggressively represent you, and answer all of your questions. An aggressive defense of your case in the early stages could lead to the charges against you being dismissed or reduced.

CRIMINAL DEFENSE ATTORNEY SERVING LAKELAND, WINTER HAVEN, BARTOW, POLK COUNTY, AND CENTRAL FLORIDA

Contact Assault Criminal Lawyer, Ricardo Alvarez today at 863.709.0808





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ATTORNEY, RICARDO ALVAREZ
BIOGRAPHY

Attorney, Ricardo Alvarez

Ricardo Alvarez is a Criminal Defense Attorney who serves the Lakeland, Winter Haven, Bartow, Polk County, Hardee County, Highlands County, Hillsborough County and Central Florida areas.

Attorney, Ricardo Alvarez handles local, state and federal criminal cases.

Mr. Alvarez is a former prosecutor for the 10th Judicial Circuit of Florida, whichh covers Hardee, Highlands, and Polk Counties.

Attorney, Ricardo Alvarez was also former producer, news director, and vice president of news & Sports for Telemundo in New York, NY, and was also a producer and executive producer for Univision in New York, NY and San Fransisco, CA.

RICARDO ALVAREZ - BIOGRAPHY › › ›



CRIMINAL LAW
AREAS OF LEGAL PRACTICE

Contact Attorney, Ricardo Alvarez

Criminal DefenseDUI DefenseDrug ChargesFelonyMisdemeanorArsonAssaultBatteryBurglaryRobberyTheftTraffic CrimesTraffic TicketDriving Under License SuspensionDomestic Violence DefenseDomestic Injunction ViolationsFraud CrimesHomicide CrimesJuvenile Offender DefenseSealing and ExpungementSex CrimesViolation of Probation DefenseWeapon - Firearm Charge DefenseWhite Collar Crime Defense


CONTACT THE LAW OFFICE OF RICARDO ALVAREZ, P.A. › › ›



ATTORNEY, RICARDO ALVAREZ
BIOGRAPHY

Attorney, Ricardo Alvarez

Ricardo Alvarez is a Criminal Defense Attorney who serves the Lakeland, Winter Haven, Bartow, Polk County, Hardee County, Highlands County, Hillsborough County and Central Florida areas.

Attorney, Ricardo Alvarez handles local, state and federal criminal cases.

Mr. Alvarez is a former prosecutor for the 10th Judicial Circuit of Florida, whichh covers Hardee, Highlands, and Polk Counties.

Attorney, Ricardo Alvarez was also former producer, news director, and vice president of news & Sports for Telemundo in New York, NY, and was also a producer and executive producer for Univision in New York, NY and San Fransisco, CA.

RICARDO ALVAREZ - BIOGRAPHY › › ›


What is the legal definition of assault in Florida?

In Florida, assault is legally defined as an intentional, unlawful threat by word or act to do violence to another person, coupled with the apparent ability to do so, which creates a well-founded fear in the victim that such violence is imminent. It's important to note that actual physical contact is not required for an assault to occur; the mere act of threatening harm, along with the victim's reasonable fear of impending violence, constitutes the offense of assault. Assault in Florida is generally considered a second-degree misdemeanor, punishable by up to 60 days in jail and fines, though it can be enhanced to a higher degree of offense if it occurs under certain aggravated circumstances or involves specific victims, such as law enforcement officers or school employees.


If you are charged with an Assault Crime in Lakeland or Polk County, potential penalties for an assault conviction may involve:

If you are charged with an assault crime in Lakeland or Polk County, potential penalties for an assault conviction may involve a range of consequences. Assault is generally classified as a second-degree misdemeanor in Florida, carrying penalties of up to 60 days in jail and fines. However, the severity of the penalties can increase if the assault involves aggravating factors such as the use of a deadly weapon or if the victim is a law enforcement officer, firefighter, or certain other protected individuals. In such cases, the charge may be elevated to a felony, leading to more substantial fines, longer prison sentences, and a permanent criminal record. It's important to consult with an experienced criminal defense attorney in the area who can assess the specific details of your case and work to minimize the potential penalties or explore possible defenses to the charges.


What is the difference between assault and battery in Florida?

In Florida, assault and battery are distinct but closely related offenses. Assault refers to the intentional threat or act that creates a well-founded fear of imminent bodily harm in another person. It does not require actual physical contact between the parties involved. On the other hand, battery involves the intentional touching or striking of another person against their will, resulting in physical harm or injury. While assault is often charged as a second-degree misdemeanor, battery can range from a first-degree misdemeanor to a felony, depending on factors such as the severity of the injury, the use of weapons, or the status of the victim (e.g., a law enforcement officer). In summary, the primary difference lies in whether there is actual physical contact (battery) or only the threat of harm (assault), with battery typically carrying more severe penalties in Florida.


Can self-defense be used as a defense in an assault case in Florida?

Yes, self-defense can be used as a valid defense in an assault case in Florida. Florida law recognizes the right to defend oneself or others from imminent harm or the reasonable belief of imminent harm. To successfully claim self-defense, certain conditions must be met, including a genuine fear of bodily harm or death, the absence of any opportunity to safely retreat (known as the "stand your ground" principle), and the use of force that is proportional to the perceived threat. The burden of proof often shifts to the prosecution to demonstrate that the use of force was not justifiable as self-defense. It's important for individuals facing assault charges to consult with a knowledgeable criminal defense attorney who can assess the specific circumstances of their case and build a strong self-defense argument if applicable.


What evidence can be used against me in an assault case in Florida?

In an assault case in Florida, evidence that can be used against you may include eyewitness testimony, victim statements, and physical evidence such as photographs of injuries or property damage. Additionally, any statements you made to law enforcement officers or others involved at the time of the alleged assault can be used as evidence. Surveillance footage, if available, may also be presented to support the prosecution's case. Moreover, medical records and expert testimony can be used to establish the extent of injuries sustained by the victim. In some cases, prior convictions or a history of violence may be introduced as evidence to establish a pattern of behavior. It's crucial to consult with a skilled criminal defense attorney who can assess the evidence against you, challenge its credibility, and develop a strong defense strategy tailored to your specific situation.


Potential Defense Strategies in Assault Criminal Cases in the State of Florida

Potential defense strategies in assault criminal cases in the State of Florida can vary depending on the specific circumstances, but several common approaches can be employed. One strategy involves asserting self-defense, where it can be demonstrated that you had a genuine fear of imminent bodily harm or death and used proportional force to protect yourself or others. Another defense may involve disputing the credibility of the victim's statements or eyewitness testimonies, highlighting inconsistencies or biases in their accounts. Additionally, challenging the chain of custody or integrity of physical evidence can be effective in casting doubt on the prosecution's case. Mental health issues or diminished capacity may also be raised as defenses, suggesting that the defendant lacked the requisite intent for the assault due to a mental disorder or impairment. The success of these defense strategies depends on the specific facts of the case and the expertise of the defense attorney in navigating Florida's legal system.


Are there any alternatives to jail time for assault offenders in Florida?

Yes, in Florida, there are alternatives to jail time for assault offenders, depending on the circumstances of the case and the defendant's criminal history. One alternative is probation or community supervision, which can allow individuals to serve their sentences in the community while meeting specific conditions such as attending anger management classes or performing community service. Additionally, some may be eligible for pretrial diversion programs, where offenders complete rehabilitation or counseling instead of facing prosecution. Another option is house arrest or electronic monitoring, allowing individuals to serve their sentences at home while being monitored by authorities. However, eligibility for these alternatives is determined on a case-by-case basis, and factors like the severity of the assault, the defendant's criminal history, and the willingness to comply with program requirements can influence whether such alternatives are offered by the court.


What should I do if I believe I'm being wrongly accused of assault in Florida?

If you believe you're being wrongly accused of assault in Florida, it's crucial to take several important steps to protect your rights and mount a strong defense. First and foremost, consult with an experienced criminal defense attorney who specializes in assault cases. Your attorney will help you understand the legal process, provide guidance on your rights, and work to build a robust defense strategy tailored to your specific circumstances. Avoid speaking with law enforcement or making statements without your attorney present, as anything you say can be used against you. Gather any evidence that supports your innocence, such as witnesses, surveillance footage, or communication records. Document any interactions with law enforcement, including the circumstances of your arrest. Lastly, maintain open and honest communication with your attorney, providing them with all relevant information and cooperating fully in your defense. Being proactive and having legal representation are essential steps to protect your rights and improve your chances of a favorable outcome if you believe you are wrongly accused of assault in Florida.


Is an Assault conviction is eligible for expungement or sealing in Florida?

In Florida, an assault conviction is generally not eligible for expungement or sealing. The state's laws regarding expungement and sealing are typically limited to specific non-violent misdemeanor offenses, and assault, classified as a crime involving violence or the threat of violence, does not fall within these categories. Assault convictions are typically considered more serious offenses and are not subject to the same options for expungement or sealing as less severe crimes. It's important to consult with an experienced attorney who specializes in Florida criminal law to explore any potential legal remedies or exceptions that may apply to your specific situation, as the eligibility for expungement or sealing can vary based on unique circumstances and legal changes. However, such exceptions for assault convictions are rare.


Contact Domestic Violence Criminal Defense Lawyer, Ricardo Alvarez today at 863.709.0808



Ricardo Alvarez P.A.

6700 Florida Ave S, Lakeland, FL 33813

Phone: 863.709.0808






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