Lewis Defense Law
A Criminal Defense Law Firm
Protecting Your Rights
(352) 833 - 1234
Assault Defense in Lake County: Protecting Your Future
If you have been arrested or are under investigation for assault in Clermont, Tavares, Groveland, Leesburg, Eustis, Mount Dora or Lake County, you aren’t just facing a legal hurdle—you are facing a threat to your career, your right to own a firearm, and your freedom. In Florida, an assault charge can escalate quickly, especially if the state alleges the use of a weapon or an intent to commit a felony.
At Lewis Defense Law, attorney Christopher J. Lewis leverages over half a decade of high-stakes prosecutorial experience to build aggressive, results-driven defenses. He understands how the Fifth Judicial Circuit prosecutors build their cases, and he knows where to find the cracks in their evidence.
What Qualifies as Assault in Florida?
Many people use the terms “assault” and “battery” interchangeably, but in Florida, they are distinct crimes. Assault does not require physical contact. Under Florida Statute § 784.011, assault is defined by three specific elements that the prosecution must prove beyond a reasonable doubt:
- Intentional Threat: An intentional and unlawful threat (by word or act) to do violence to another person.
- Apparent Ability: At the time of the threat, you had the apparent ability to carry it out.
- Imminent Fear: Your actions created a “well-founded fear” in the other person that violence was about to happen immediately.
Because assault is based on “fear” and “threats,” these cases often rely heavily on witness credibility. Without physical injuries (battery), the state’s case is frequently a “he-said, she-said” scenario that we can effectively challenge.
Classifications and Penalties for Assault
1. Simple Assault (2nd Degree Misdemeanor)
This is the most common charge, often arising from heated arguments or road rage incidents.
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Jail Time: Up to 60 days.
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Fines: Up to $500.
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Collateral Damage: A permanent criminal record that can appear on employer background checks.
2. Aggravated Assault (3rd Degree Felony)
Under F.S. § 784.021, assault becomes a felony if it involves a deadly weapon (like a firearm, knife, or even a vehicle) or is committed with the intent to commit a felony.
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Prison Time: Up to 5 years in prison (Florida Department of Corrections).
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Fines: Up to $5,000.
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Felony Record: Loss of civil rights, including the right to vote and the right to possess a firearm.
Strategic Defenses: How We Fight Your Assault Charge
As a former prosecutor, I don’t just wait for the state to present their case—I look for ways to dismantle it before it even reaches a jury. Common defense strategies in Lake County include:
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Self-Defense & Stand Your Ground: Florida’s F.S. § 776.012 allows you to use or threaten force to defend yourself or others in certain circumstances. If you were acting in self-defense, you may be immune from prosecution.
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Lack of Imminence: If the alleged threat was about a future act (e.g., “I’m going to get you next week”), it does not meet the legal definition of assault.
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No “Apparent Ability”: If you were 50 feet away behind a locked fence, you arguably did not have the “apparent ability” to carry out a threat of immediate violence.
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False Accusations: We frequently see assault allegations used as leverage in divorce or child custody disputes. We conduct deep background checks on accusers to uncover motives for fabrication.
Why Your Professional License is at Risk
If you are a nurse, teacher, real estate agent, or licensed contractor in Florida, an assault conviction is more than just a criminal matter.
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Mandatory Reporting: Most Florida licensing boards (like the DBPR or Department of Health) require you to self-report an arrest or conviction within 30 days.
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Disciplinary Action: Boards can suspend or revoke your license even for a misdemeanor assault if they deem it a “crime of moral turpitude” or a threat to public safety.
Contact Lewis defense Law
Action for Lake County Arrests
If you are under investigation in Clermont, Groveland, Leesburg, Tavares, Eustis, Mount Dora, or anywhere in Lake County, do not speak to the police without an attorney present. Anything you say “to clear things up” will be used as a confession by the State Attorney’s office.
Contact Lewis Defense Law today for a confidential case evaluation. Let’s start building your defense now.
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1230 Oakley Seaver Drive, Suite 101
Clermont, FL 34711
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(352) 833-1234
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