Simple assault occurs when someone threatens another person with bodily harm and puts the threatened person in fear that they are imminently going to be hurt. If the perpetrator uses a weapon while intimidating the other person, they will be charged with aggravated assault. No physical harm is necessary, only the threat of it is enough to be charged with assault.
The Florida Department of Law Enforcement (FDLE) reports that about nearly 99,000 people are arrested for assault in the state each year. One hotbed for the crime is in downtown Orlando, where the Criminal Investigation Division of the Orlando Police Department’s (OPD) Investigative Services Bureau routinely make arrests and transport suspects to jail. If you are caught up in assault arrests in Orlando, your smartest move is to consult with a skilled assault defense attorney who will keep you calm and help you.
You have rights after an arrest, and this step is far from a conviction. Do not panic and remember these initial steps to help yourself mitigate reputational and legal damage. You should:
Your criminal defense attorney advocates for you after assault arrests in Orlando. This means they will attempt to secure your release on bond or your own recognizance, negotiate with the prosecutor, challenge evidence, mount an airtight defense to exonerate you, and relentlessly poke holes in the prosecutor’s case, in which your guilt must be proven beyond a reasonable doubt.
Once you are transported to jail, you will be booked into the OPD and be subject to the Ninth Judicial Circuit Court system. OPD officers will fingerprint and photograph you, collect your personal information, search you, and confiscate your personal belongings, including your cell phone. If contraband is found, other charges may result. If the weapon used in an aggravated assault is found on your person, it will be tagged as evidence. Your phone may be searched after getting a search warrant or your consent, or if officers have probable cause that evidence exists on your phone, such as text messages threatening the victim.
After booking, you will be placed in a holding or jail cell until your first appearance before the judge, which occurs within 24 hours. The OPD will notify your family, or in some cases you may be permitted to contact them to let them know what happened during assault arrests in Orlando. The judge usually sets bail at the first appearance, where you plead guilty, not guilty, or no contest after consulting with your defense attorney.
When OPD officers arrest you, under Florida Rule of Criminal Procedure 3.134, they cannot leave you in jail indefinitely but must release you by the 33rd day you are incarcerated unless formal charges are filed. In some cases where the court determines there is a good cause to keep you, you may be held for up to 40 days while the assault investigation continues.
The State’s Attorney’s Office has even more time to file charges while you are out on bail after assault arrests. If no felony charges are filed for aggravated assault within 175 days from your arrest, the case is usually dropped and if the case is a simple assault misdemeanor, charges are dropped after 90 days. A knowledgeable attorney in Orlando ensures that any mistakes the OPD or prosecutor make during an assault arrest work in your favor.
You have rights after an assault arrest. There is a protocol the arresting officer must follow to enlighten you about seeking an attorney and searching your premises. You cannot be kept in jail indefinitely, and charges, if the prosecutor is going to file them, must also be timely.
Our attorneys not only defend you with credible reasons why you should be found not guilty of assault, but we ensure that clients involved in assault arrests in Orlando are treated fairly and lawfully. Call now if you need a top-notch defense lawyer to assist you after assault charges.
The Umansky Law Firm Criminal Defense & Injury Attorneys
