Defense Against Assault Charges
Self-Defense, Domestic Battery & Aggravated Charges in Orange County
Strong defense strategies for assault and battery accusations. Serving Orlando, Orange County, and all of Florida.
A Strong Defense
When It Counts
Self-Defense & Stand Your Ground
Florida's self-defense laws are among the strongest in the country. If you acted to protect yourself or others in Orlando, that can be a complete defense — and we can raise Stand Your Ground immunity before trial to end the case entirely.
Credibility Challenges
Many Orange County assault and battery cases come down to one person's word against another's. We investigate the accuser's account, motives, and inconsistencies, and gather the video and witnesses the police never bothered to collect.
Domestic Charge Defense
Orlando domestic battery cases carry special conditions — a no-contact order imposed at first appearance and potential firearm restrictions. We handle these sensitive Orange County cases with care and urgency.
Your Side of the Story
Matters
Assault and battery charges in Orange County are often filed after a fast-moving confrontation — a fight outside a downtown Orlando bar, a road-rage incident on I-4, a family argument — with only one version told to responding officers. We make sure the full story, including self-defense, is heard.
Your Orlando Assault & Battery Defense Process
These charges are often filed after a heated moment, with only one side told to police. Here is how we make sure the full story is heard.
Free, Confidential Case Review
Call (407) 801-0101 before you speak with police or the alleged victim. Your consultation is free and confidential. We review the arrest affidavit, what really happened, and whether self-defense or another complete defense applies.
First Appearance & No-Contact Orders
In an Orange County domestic case, the judge will almost always impose a no-contact order at first appearance — even if you live together. We address these conditions immediately and, where appropriate, ask the court to modify them so you are not needlessly displaced.
Investigation & Motions
We gather surveillance video from downtown bars and businesses, 911 recordings, medical records, and witness statements, and we investigate the accuser's motives and inconsistencies. Where the facts support it, we file a Stand Your Ground immunity motion or a motion to dismiss.
Resolution or Trial
We negotiate with the State Attorney for a reduction, diversion, or dismissal — and when self-defense is clear or the accuser's account falls apart, we try the case before an Orange County jury. A conviction for a violent offense is worth fighting hard to avoid.
Orlando Assault & Battery Lawyer — Defending the Accused in Orange County
Assault and battery charges in Orlando often arise from fast-moving confrontations — a dispute outside a Wall Street or Church Street bar, a road-rage incident on I-4, a family argument that a neighbor called in — where police hear only one side. Under Florida law, "assault" (Fla. Stat. § 784.011) is a threat that creates a well-founded fear of imminent violence, while "battery" (§ 784.03) is an actual unwanted touching or striking of another person.
HOV Law defends the full range of these cases in Orange County, from simple assault to aggravated and domestic charges. We investigate what really happened, locate the witnesses and video the police overlooked, and build defenses like self-defense, defense of others, and lack of intent.
Our office is at 135 W Central Blvd, Suite 1150, in downtown Orlando, across from the Orange County Courthouse. Your consultation is free and confidential, and we offer transparent fees. Call (407) 801-0101.
Florida Assault & Battery Penalties
- Penalties depend on the conduct alleged and any aggravating factors:
- Simple assault—A second-degree misdemeanor (up to 60 days in the Orange County Jail), prosecuted in County Court.
- Simple battery—A first-degree misdemeanor (up to 1 year), or a third-degree felony if you have a prior battery conviction.
- Aggravated assault—A third-degree felony (up to 5 years in state prison), typically involving a deadly weapon or an intent to commit a felony. Prosecuted in the Ninth Circuit's Circuit Court.
- Aggravated battery—A second-degree felony (up to 15 years), involving serious bodily injury, a deadly weapon, or a pregnant victim.
- Domestic battery—Carries mandatory conditions on conviction, including a no-contact order, a batterers' intervention program, and potential loss of firearm rights.
Self-Defense and "Stand Your Ground" in Florida
Florida has some of the nation's strongest self-defense laws, and they are central to many Orlando assault and battery cases. Under the "Stand Your Ground" statute, you generally have no duty to retreat before using force to defend yourself where you are lawfully present, if you reasonably believe it is necessary to prevent harm to yourself or another person.
What makes Florida different is procedure: when self-defense applies, we can raise it before trial through a Stand Your Ground immunity hearing under § 776.032. If the judge grants immunity, the case ends — you never face a jury. If it is denied, we can still argue self-defense at trial.
If you were protecting yourself or someone else in Orange County, that is not a crime — and we build the evidence, from video to witnesses to the sequence of events, to prove it.
Defending Domestic Battery Charges in Orange County
- Domestic battery cases move differently from other assault charges, and understanding the Orange County process matters:
- Mandatory-arrest culture—When Orlando police or the Orange County Sheriff respond to a domestic call and find probable cause, they are expected to make an arrest. The alleged victim cannot "decline to press charges" at the scene; the decision belongs to the officer.
- No-contact orders—At first appearance, the judge almost always orders no contact with the accuser — including no returning home, calling, texting, or messaging through others. Violating it is a separate crime. We move quickly to address and, where possible, modify these conditions.
- The State—not the accuser — decides — In Florida, the State Attorney for the Ninth Circuit decides whether to prosecute. A case can proceed even if the alleged victim recants or wants it dropped, so a defense attorney is essential either way.
- False or exaggerated allegations—Divorce, custody disputes, and jealousy can drive false or inflated claims. We investigate motive, timeline, and inconsistencies. We handle these sensitive cases discreetly and aggressively.
The Difference Between Assault and Battery
People use "assault and battery" as a single phrase, but Florida treats them as two distinct crimes, and the distinction can matter to your defense.
Assault is a threat — words or actions that create a well-founded fear that violence is about to happen. No physical contact is required. Because it turns on the victim's state of mind and your intent, assault charges are often contestable when the "threat" was ambiguous or the fear was not reasonable.
Battery is contact — an actual, intentional touching or striking against the other person's will, even if it caused no injury. You can be charged with battery for a shove as easily as a punch. You can also be charged with both an assault and a battery arising from the same incident. Knowing which elements the State actually has to prove is the starting point for the defense.
How We Build an Orlando Assault & Battery Defense
- Surveillance and cell video—Downtown Orlando is covered in cameras. Bar, business, and rideshare footage — and bystander cell video — frequently contradict the accuser's version. We move fast to preserve it before it is overwritten.
- Witness investigation—Responding officers often talk to only one side. We locate and interview the people who actually saw what happened.
- The accuser's account—We probe motive, prior inconsistent statements, injuries (or the absence of them), and whether the story changed over time.
- Self-defense and defense of others—Where you were protecting yourself or someone else, we develop it as a complete defense and, if it fits, a Stand Your Ground immunity motion.
- Reduction and diversion—For eligible first-time clients, we pursue an Orange County diversion resolution that can end in dismissal.
Our Downtown Orlando Office
HOV Law is located at 135 W Central Blvd, Suite 1150, Orlando, FL 32801 — downtown, across from the Orange County Courthouse and steps from the Church Street and Wall Street districts where many of these incidents occur. Call (407) 801-0101 for a free, confidential consultation.
Related Practice Areas in Orlando
Assault & Battery charges often overlap with other criminal allegations. Our Orlando defense attorneys also handle these related areas:
Other Criminal Defense Services in Orlando
Also serving Orlando for Personal Injury:
Serge Hovhanessian, Esq.
Founding Attorney at HOV Law | Florida Bar | Million Dollar Advocates Forum | Top 40 Under 40 Trial Lawyers
Attorney Hovhanessian defends the accused across Florida — protecting your rights, your record, and your freedom.Read full bio →
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Orlando Assault & Battery FAQs
What is the difference between assault and battery in Florida?
Assault is a threat of violence that puts someone in a well-founded fear of imminent harm; battery is actual physical contact — touching or striking someone against their will. No injury is required for battery, and you can be charged with one or both depending on the facts.
Can I claim self-defense in Orlando?
Yes. Florida's Stand Your Ground law allows the use of force to defend yourself or others without a duty to retreat, when reasonable. Self-defense can be a complete defense and may be raised in a pretrial immunity hearing under § 776.032 that can end the case before trial.
The alleged victim wants to drop the charges — will they be dismissed?
Not automatically. In Florida, the State Attorney for the Ninth Circuit decides whether to prosecute, not the accuser. The case can move forward even if the alleged victim recants or does not want to cooperate, so a defense attorney is still essential.
What happens at first appearance in an Orange County domestic case?
Within 24 hours of booking, a judge sets bond and almost always imposes a no-contact order — meaning you cannot return home if the accuser lives there, or call, text, or message them. Violating it is a separate crime. We move quickly to address and, where possible, modify these conditions.
Is a first-time battery charge a felony?
Simple battery is usually a first-degree misdemeanor for a first offense, but it becomes a third-degree felony with a prior battery conviction, or if the conduct qualifies as aggravated battery (serious injury, a deadly weapon, or a pregnant victim). We fight to keep charges from being elevated.
Can I go home after a domestic battery arrest in Orlando?
If the court imposes a no-contact order and the accuser lives in your home, you generally cannot return there while the order is in place. We can ask the court to modify the condition and address alternative living arrangements, but the order must be followed until a judge changes it.
What is a Stand Your Ground immunity hearing?
It is a pretrial hearing under Fla. Stat. § 776.032 where we ask the judge to find you were justified in using force and immune from prosecution. If granted, the charges are dismissed and you never face a jury. If denied, we can still argue self-defense at trial.
Where will my Orlando assault or battery case be heard?
Misdemeanor assault and battery are heard in Orange County Court; aggravated (felony) assault and battery are prosecuted in the Ninth Circuit's Circuit Court at the Orange County Courthouse, 425 N Orange Ave. Our office is directly across the street.
Will an assault or battery conviction show up on background checks?
Yes, a conviction becomes part of your permanent Florida record and can appear on background checks for jobs and housing — and a domestic battery conviction cannot be sealed or expunged. That is why fighting the charge, or seeking a resolution that avoids conviction, matters so much.
How much does an Orlando assault & battery lawyer cost?
HOV Law offers a free, confidential consultation and clear, transparent fees for assault and battery defense. The fee depends on whether the charge is a misdemeanor or felony and whether the case resolves pretrial or goes to trial. Call (407) 801-0101.
What should I do if I was in a fight but I was defending myself?
Do not explain it to the police without a lawyer — invoke your right to remain silent and call us. Then let us preserve the video and witnesses that prove self-defense before they disappear. Acting fast is often what turns a self-defense case into a dismissal. Call (407) 801-0101.
Accused of Assault in
Orlando?
Before you speak with police or the alleged victim, talk to a lawyer. Contact HOV Law for a free, confidential consultation with an Orlando assault & battery attorney. Available 24/7.