Assault
AGGRESSIVE DEFENSE & DEDICATED REPRESENTATION
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No Charges Filed
Aggravated Assault
Charge: Aggravated assault arising from an alleged drive-by shooting
Court: Bay County
Outcome: The client faced the possibility of a lengthy mandatory prison sentence. Following discussions with prosecutors and law enforcement, no charges were filed.
Negotiated Plea
DUI Manslaughter
Charge: DUI manslaughter
Court: Bay County
Outcome: The client faced up to 15 years in prison and permanent loss of driving privileges. The matter was resolved by negotiated plea to probation, with eligibility for a hardship license.
Not Convicted
Sexual Battery
Charge: Sexual battery
Court: Bay County
Outcome: The client, who holds a professional license in Florida, faced up to 15 years in prison and mandatory sex offender designation. The charge was reduced, over the objection of the complainant, to simple battery, a misdemeanor. The client was not convicted of any criminal offense, was not designated a sex offender, and returned to work with their professional license intact.
Not Convicted
Violation of Probation
Charge: Violation of probation, second violation. Alleged failure to report, a new battery offense, failure to complete DUI school, and failure to complete court ordered community service.
Court: Bay County
Outcome: The client was not convicted.
Not Convicted
Violation of Probation
Charge: Violation of probation. Alleged failure to report and a new felony offense of obtaining a controlled substance by forgery, while serving probation for multiple counts of obtaining a controlled substance by fraud, forgery, and criminal use of personal identification.
Court: Bay County
Outcome: The client was not convicted.
Panama City Assault Attorney
Defending Assault and Aggravated Assault Charges
Assault charges can arise from a heated argument, a disputed version of events, a self-defense situation, or a false accusation. Whatever the circumstances, an assault conviction — even a misdemeanor — creates a criminal record that affects your employment, housing, and professional licenses.
Rusty Shepard is a former Assistant State Attorney who has handled thousands of assault and violent crime cases on both sides of the courtroom in Florida’s 14th Judicial Circuit. He knows how prosecutors build assault cases — and he knows exactly where to look for weaknesses.
Assault vs. Aggravated Assault — What Is the Difference?
Under Florida Statute § 784.011, assault is defined as an intentional, unlawful threat by word or act to do violence to another person, combined with the apparent ability to carry out that threat and an action that places the victim in reasonable fear of imminent harm. Importantly, no physical contact is required — assault is the threat, not the act.
- Simple Assault — Second degree misdemeanor: up to 60 days in jail and a $500 fine
- Aggravated Assault (Florida Statute § 784.021) — assault committed with a deadly weapon OR with intent to commit a felony (such as robbery or sexual battery): Third degree felony, up to 5 years in prison and a $5,000 fine
Assault is distinct from battery — battery is the unlawful touching or striking of another person. The two charges frequently appear together but are legally separate offenses.
What a Firearm Does and Does Not Mean
There is a widespread belief that a firearm turns an aggravated assault into a mandatory prison sentence under Florida’s 10-20-Life law. For offenses committed on or after July 1, 2016, that is no longer correct. The Legislature removed aggravated assault from the list of qualifying offenses in Florida Statute 775.087, so the 10 and 20 year mandatory minimums do not attach to a standalone aggravated assault charge.
The separate weapon reclassification provision does not apply either. Where use of a weapon is an essential element of the offense, as it is in aggravated assault with a deadly weapon, the charge cannot be reclassified upward on that basis.
None of this makes a firearm allegation a small matter. It affects sentencing scoresheet points, how the State approaches the charge, and what a plea offer looks like. But the automatic minimum sentences that most people fear do not attach here.
Common Assault Defense Strategies
- Self-defense — Florida’s Stand Your Ground law allows the use of force to prevent imminent harm without a duty to retreat
- Defense of others — using force to protect a third party from imminent harm
- Lack of intent — assault requires intentional conduct; accidental or misinterpreted actions can be challenged
- Insufficient evidence — no independent witnesses, no physical evidence, inconsistent victim account
- Mutual combat — both parties were engaged in a confrontation
- False accusation — establishing the accuser’s motive, inconsistencies in their account, and lack of corroborating evidence
- Constitutional challenges — unlawful arrest, Miranda violations, improper identification procedures
Assault Involving Domestic Situations
If your assault charge involves a family or household member, it may be prosecuted as domestic violence, with additional consequences including a court-ordered batterer’s intervention program and no-contact orders. A plea of guilty or no contest to domestic assault makes the record permanently ineligible for sealing or expungement, even if adjudication is withheld. The same applies to aggravated assault in any context.
Charged with assault or aggravated assault in Panama City or Bay County? Call Shepard Law at (850) 290-2505. Free consultation. Available 24/7.
What Sets Shepard Law Apart?
Your case is our priority. We aim for the best outcome.
We understand the complexities of the legal system and the impact on your life. Our focus is on securing your future.
CLIENT FEEDBACK
Our clients’ voices matter. Read about real cases and the positive outcomes achieved with our legal guidance.
Highly Recommended
“This firm got my case dismissed and I didn’t have to spend a single day in court.”
– King R.
Personable and understanding
“Rusty is very personable and accommodating. He made himself available on short notice and met with me after hours. He told me not to worry and got everything dismissed in court this morning! Thank you Rusty and Lisa!!!”
– Lauren
Sweetest, kindest, most Professional #1
“Mr. Shepard and his staff are amazing! They went above and beyond to help me. I would not want anyone else on my team! I am young and despite that, he made sure that the judge saw me as a person and not just a young person. He and his office even spent extra time with me and attended to every single thousand question that I had. They could not get a better rating 10 stars!!”
– Jessica
Absolutely Recommend
“Shepard Law is truly one of a kind!!! Their team of attorneys and support staff knows criminal law inside and out. They will take a case to trial with no fear and are a force to be seen in the courtroom!!!! They are compassionate and make their clients feel supported every single step of the way. They are flexible with payment options, which allows everyone to be able to receive TOP QUALITY representation. I would absolutely recommend Shepherd Law to any of my friends or family members without hesitation.”
– Vanessa M.
Under a time line!!!
“My wife and I found out on a Monday that we needed a Defense Attorney on Tuesday for a family situation. I called the office and Megan quickly contacted Rusty and he reassured us that he would be at court on Tuesday and he would take care of everything. Those words were the most comforting we’ve heard as this came up not long after Hurricane Michael. Rusty and his office has no idea how much he helped us and how much we appreciate their quick response. Thank you will never cover how much you guys mean to us.”
– Craig E.
CONTACT US FOR A FREE CONSULTATION
At Shepard Law, we’re always ready to take your call! Give us a call at (850) 290-2505 or fill out the form below to contact one of our team members.