Mario, Gunde, Peters, Rhoden & Kelley, llc

— Attorneys and Counselors at Law —

Call Now: (321) 631-0506
Navigation
  • Home
  • Our Firm
    • Kenneth E. RhodenKenneth E. Rhoden – Mr. Rhoden has been an attorney practicing in Brevard County since 1986. He has litigated many serious cases including complex divorces and death penalty cases.
    • Michael J. KelleyMichael J. Kelley – Mr. Kelley is an experienced trial attorney with a strong emphasis on Criminal Defense such as DUI, misdemeanors, felonies, VOP, and juvenile cases.
    • Barbara Helm PetersBarbara Helm Peters – Ms. Peters is an experienced trial attorney with an emphasis in Family Law and Criminal Defense. Admitted to the Florida Bar in 1995, she is also a Florida Supreme Court Certified Mediator.  
    • Bonnie Klein RhodenBonnie Klein Rhoden – Ms. Bonnie Rhoden a member of the Florida Bar, practicing elder law, estate planning, incapacity planning, family law, and landlord/tenant law.
    • Emily A OgdenEmily A. Ogden, Esq. – Ms. Ogden works in all areas of Family Law, including Alimony, Child Custody and Support, Paternity, & Adoption. She also handles financial cases such as Bankruptcy and Mortgage Modifications.
    • Christina Farley Long Esq.Christina Farley Long – Ms. Farley is licensed in numerous Federal Courts in Florida and practices in numerous civil law areas, such as Personal Injury, Bankruptcy, Insurance Defense and Foreclosure.
    • Kelly Damerow, Esq.Kelly Damerow, Esq. – Mrs. Damerow is a professional and passionate advocate. She provides a wide range of family law services including divorce child support, alimony, modification, paternity, and domestic violence injunctions.
    • Michel WatsonMichel Watson, Esq. – Ms. Watson is an experienced and detail-oriented attorney. She primarily practices in the areas of family law, debt collection, real estate, dependency, and injunctions.
    • Nikie PopovichNikie Popovich, Esq – Nikie Popovich, Esquire works primarily in the areas of appellate law serving all of Florida and especially central Florida.
    • George A. BoorasGeorge A. Booras, Esq – Mr. Boras is an experienced attorney handling several types of cases, from Real Estate and Foreclosures, to Family Law, and Civil Litigation.
    • David Anton GundeDavid Anton Gunde – Mr. Gunde received his Juris Doctorate from the University of Florida in 1987, and admission to the Florida Bar in 1988. He practices Family Law, Civil Litigation, and Criminal Defense.
    • Anthony P. MarioAnthony P. Mario – Mr. Mario founded our firm in Brevard County in 1976. He is retired and is of counsel to the firm. He focused on Family Law, Criminal Defense, and complex Civil Litigation.
  • Practice Areas
    • Family Law
      • Divorce
      • Alimony
      • Paternity
      • Child Custody and Timesharing
      • Grandparent Visitation
      • Adoptions
      • Child Support
      • Injunctions
      • Dependency
      • Prenuptial Agreements
    • Criminal Law
      • Felonies
      • Misdemeanors
      • DUI
      • Juvenile
      • Sexual Crimes
      • Probation & Community Control
      • Appeals
    • Personal Injury
      • Auto Accidents
      • Motorcycle Accidents
      • Dog Bites
      • Slip & Fall
      • Wrongful Death
      • Medical Malpractice
    • Bankruptcy
      • Chapter 7
      • Chapter 13
      • Alternatives to Bankruptcy
    • Foreclosure
      • Foreclosure Defense
      • Foreclosure Alternatives
    • Wills & Probate
      • Last Will
      • Trust vs. Last Will
      • Living Will
      • Health Care Surrogate
      • Power of Attorney
      • Guardianship
      • Probate
  • News & Info
  • Contact Us
      • Attorneys available by phone 24/7
      • Cocoa — Main Office

        (321) 631-0506
        Fax: (321) 690-0119
        319 Riveredge Boulevard
        Cocoa, FL 32922


        Get Directions

      • Melbourne

        (321) 676-2150
        Fax: (321) 690-0119
        1735 West Hibiscus Boulevard #302
        Melbourne, FL 32901


        Get Directions

      • Email Us



    Home » Criminal Law » I Was Charged With Assault in Brevard County, Florida, Now What?

    I Was Charged With Assault in Brevard County, Florida, Now What?

    Tips and Notes if you or a family member is arrested for assault

    If you have been charged with Assault you should call Mario, Gunde, Peters, Rhoden & Kelley, LLC, as soon as possible. Our attorneys have over 100 years of combined experience defending people arrested for assault. We have former prosecutors, public defenders and attorneys certified to try the most serious felonies with many hundreds of trials. If arrested for assault in Brevard County you should not discuss your case with anyone until you have spoken to a criminal defense attorney.

    Florida Statute 784.011 defines assault as having three parts:

    1. Defendant threatened to do violence to another person.

    Under the first requirement there must be a threat such as, “I am going to hit you.” Proving a Defendant made any such threat can be difficult.

    1. The Defendant must have the apparent present ability to carry out the threat.

    Under the second requirement it is not an assault if a person calls you from a distant location and makes a threat. It is not an assault if the person is in jail and you are not, or if the person threatens to run over you with a car, but they are not in or near a car. If a person is standing next to you and pulls back their fist while screaming threats, an assault may have been committed.

    1. The threat must create in the mind of the victim a well-founded fear that the threat is imminent.

    The police will ask the victim of a threat if they were afraid. If the victim was not afraid then no crime has been committed. The intended victim may get mad or even be amused. In any event “no fear? no crime.”

    Simple assault is a misdemeanor of the second degree punishable by up to 60 days in the county jail.

    There are many types of assault that are more serious. Under F.S. 784.021 an aggravated assault is committed if a person uses a deadly weapon or makes the assault with an intent to commit a felony. Aggravated assault is a third-degree felony punishable by up to five years in state prison.

    There are also other types of assault, such as: assault on a law enforcement officer, assault on a person 65 years old or older, assault on code inspectors, and several other types of assault. Each of these type of assaults carry enhanced penalties.

    Assault can be hard to prove because, unlike battery, there is usually no physical evidence. Each of the three parts of an assault charge, as listed above, can be hard to prove. The criminal defense attorneys at Mario, Gunde, Peters, Rhoden & Kelley, LLC know how to defend you if you are facing an assault, aggravated assault or any other criminal charge.

    Call the Legal-Eagles.com attorneys today for a free consultation. Appointments are available daily. 321-  676-2150

     

     

     

     

    Related Topics

    1. Brevard County Battery and Domestic Violence Attorney
    2. Bill Cosby Should Have Called Brevard County’s Largest Criminal Defense and Family Law Firm
    3. Appeals in Brevard County and Central Florida
    4. In Brevard County Do Not Shoot Your Friends
    5. Felony Homicide in Florida
    6. Sex Offenses
    7. If You Are Charged With a Crime You Need a Great Criminal Defense Attorney
    8. Flying Your Drone in Brevard Florida
    9. Sexual Battery
    10. Felonies

    Email Us

      Disclaimer • © 2021 Mario Gunde Peters Rhoden & Kelley (Legal Eagles) • Powered by Geek Fu
      Disclaimer

      The information on this website is not legal advice and is provided only as general information. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. The law changes rapidly and can be interpreted in different ways by different courts. The contents of this site could be unsuitable to your circumstances, outdated, or not sufficiently detailed for your needs. An attorney-client relationship is not created by review of this site. By use of this site, as with any electronic communications privacy is not guaranteed. Mario, Gunde, Peters, Rhoden & Kelley will not sell or disclose or in anyway use information you provide that is not consistent with the provision of legal services, unless required by law. This website is provided without warranty either express or implied of any kind. Links within this website are independent of this website and are provided only as a convenience and MGPR&K disclaims any responsibility for the contents of the sites.