Assault Attorney In Okaloosa County
Assault, Aggravated Assault, and Weapons Crimes Attorney in Fort Walton Beach and Destin, Florida
If You Or A Family Member Has Been Arrested For Assault, particularly Aggravated Assault or Weapons Crime….You Should Really Get The Best Assault Defense Attorney You Can Because The Penalties Are Steep
Criminal Defense Attorney, Shawn Lupella, has successfully helped hundreds of clients on charges stemming from an arrest for assault or aggravated assault, as well as firearm and gun, and other weapon related charges.
Experienced and knowledgeable, Shawn Lupella specializes in both misdemeanor and serious felony crimes, and his criminal defense practice spans Okaloosa, Walton, and Santa Rosa Counties.
Assault and Aggravated Assault Categories
During my career as a criminal defense attorney in the Fort Walton Beach/Destin area, I have found that in the real-world of criminal defense work, the category of the charge known as assault is rarely brought in misdemeanor cases, however, the basic framework of the elements of assault are important to know in order to understand the more serious, but also more commonly charged felony counterpart: aggravated assault.
The main reason we do not see many “assault” arrests is mostly because assault is basically the same thing as an attempted battery. So even though assault is a crime, unless someone is actually hit, struck, or touched, it is rare for law enforcement to establish probable cause to arrest someone based on a perceived threat if no weapon was involved to further substantiate that threat.
Aggravated assault is different, precisely because a piece of evidence exists…. the alleged deadly weapon or firearm that was the instrument used in the crime. Examples of Aggravated Assault weapons could include a wide range of items: gun, knife, bass knuckles, baseball bat, crowbar, broom handle, car or truck.
Generally speaking, Assault is defined as: An actual and intentional threat to commit violence against another person, with the ability to carry out that violence, whereby the subject of the threat was put in imminent fear – see Assault Arrest – Florida Penal Code – 784.011.
Aggravated Assault (784.021) requires one additional element….. the threat of violence involved a deadly weapon or firearm.
And you’re looking at jail time for this charge because the penalties for aggravated assault are severe.
Practice Key: Establishing a Defense
Regardless of the level of the charge, a battle-tested and experienced assault defense attorney can help you avoid jail time by establishing your best defenses in your individual case. I have represented clients on misdemeanor criminal assault charges all the way to the most serious life-felony and punishable by life gun charges. This includes:
(* Denotes offense that qualifies for a possible MINIMUM MANDATORY PRISON SENTENCE.)
- Misdemeanor Assault
- Aggravated Assault with a Deadly Weapon
- *Aggravated Assault with a Firearm
- Aggravated Battery with a Deadly Weapon
- *Aggravated Battery with a Firearm
- Improper Exhibition of a Weapon
- Improper Exhibition of a Firearm
- Carrying a Concealed Weapon
- Carrying a Concealed Firearm
- *Possession of a Firearm or Ammunition by a Convicted Felon
- *Theft of a Firearm
- Burglary while Armed with a Weapon
- *Burglary while Armed with a Firearm
- Robbery with a Weapon
- *Robbery with a Firearm
- *Home-Invasion Robbery with a Firearm
(* Denotes offense qualifies for a possible MINIMUM MANDATORY PRISON SENTENCE.)
Available Defenses to Assault, Aggravated Assault, Weapons and Gun Offenses
- Self Defense
- Defense of Others
- Defense of Personal Property
- Castle Doctrine and Stand Your Ground Laws
Choosing an Assault Attorney for Assault, Aggravated Assault, and Gun Crime Charges
Shawn Lupella is a criminal defense lawyer who knows how to defend his clients against assault and firearm related crimes. If you have been arrested for assault, or the felony, you’re facing jail time for aggravated assault. Contact him at (850) 362-6655 for a free consultation over the phone or meet him in person at one of his offices in Fort Walton Beach or Destin, Florida.
Shawn Lupella proudly serves those facing an assault arrest in Okaloosa County, Walton County, and Santa Rosa County; and the communities of Fort Walton Beach, Destin, Niceville, Crestview, Baker, Mary Esther, Navarre, Defuniak Springs, Santa Rosa Beach, Sandestin, and surrounding area throughout the beautiful Emerald Coast.