Criminal Defense
Since 1993
Since 1993
Orlando Assault Defense Attorney: Understanding Florida Assault Charges
By: John P Guidry II
Have you been charged with assault in Florida? My name is John Guidry, an Orlando criminal defense attorney with over 32 years of experience. People often confuse assault with battery, but a simple assault in Florida is the threat of physical harm. While it’s typically a misdemeanor, the consequences can still be serious.
To win an assault case, you must have an attorney who understands the technical details of the law and how to find weaknesses in the prosecution’s case.
Charged with Assault in Orange, Seminole, Lake, Volusia or Osceola County? Don’t face the prosecutor alone. Call me, John Guidry, for a confidential review of your case. Call Now: (407) 423-1117
[The Three Legal Elements of Assault in Florida
For the state to convict you of assault, a prosecutor must prove all three of these elements beyond a reasonable doubt. If we can show that even one is missing, the case can fall apart.
Under Florida law, an assault requires:
- An Intentional, Unlawful Threat: The threat, made through words or actions, must be intentional.
- Apparent Ability to Act: You must have had the apparent ability to carry out the threat at that moment.
- A Well-Founded Fear of Imminent Violence: The threat must have created a reasonable fear in the other person that violence was about to happen right now.
That last element—imminent violence—is critically important and is often the key to a successful defense.
Case Study: How a Vague Threat Led to a Dismissal
In one notable Florida case, H.W. v. State of Florida (79 So.3d 143, Fla. 2d DCA 2012) a middle school student made serious threats against a school administrator, including “you’re going to die today.”
- The Result: The student’s conviction for assault was overturned.
- The Legal Loophole: The appeals court ruled that the threats, while serious, were for violence at some vague future time (“today”). The threats did not create a fear of imminent violence, a required element for an assault conviction. This shows how even frightening words may not legally qualify as assault.
Case Study: Can You Assault a Toddler? The Importance of “Well-Founded Fear”
In another case (Davis v. State of Florida, 223 So.3d 403, FL 4th DCA 2017)), a man was convicted of aggravated assault for threatening a one-and-a-half-year-old child with a firearm. The child was crying after the incident.
- The Result: The conviction was thrown out by the appellate court.
- The Legal Loophole: The court determined the prosecution couldn’t prove the child’s fear was “well-founded” due to the threat. They could not prove the toddler understood the danger of a firearm and wasn’t just crying for other reasons. This demonstrates that the alleged victim’s state of mind is a critical component that the prosecution must prove.
Don’t Underestimate an Assault Charge – Let Me Defend You
As you can see from these real-life examples, there is nothing “simple” about defending an assault charge. The difference between a conviction and a dismissal often comes down to these technical legal arguments.
I focus my assault and battery defense practice in Orange, Seminole, Osceola, Lake, Brevard and Volusia counties. Hiring an experienced local attorney who knows the prosecutors and judges is essential.
Watch: Assault vs. Battery in Florida
For a quick overview of the key differences between these two common charges, watch my video, “Assault or Battery | What’s the Real Difference?“
If you’d like more information on how the crime of assault works here in Central Florida, check out my article found here: https://www.jgcrimlaw.com/practice-areas/criminal-defense/assault/
About John Guidry II
John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.
Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.
Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.
When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.