Aggravated Assault Attorney in Melbourne

Felony Charges Require a Defense Built on Local Knowledge

A felony charge doesn’t just threaten jail time. It can follow you through background checks, professional license reviews, and housing applications for years. When the charge is aggravated assault, the defense you build from day one matters. The Law Offices of Bryan J. McCarthy represents clients charged with aggravated assault in Melbourne and throughout Brevard County. We approach every case with a motion-driven strategy and close attention to detail.

Bryan McCarthy’s experience handling misdemeanor and felony cases as a public defender informs how we examine the allegation, assess the prosecution’s evidence, and identify pretrial motions supported by the facts. We provide individualized attention because the alleged words, actions, witnesses, and circumstances differ in every aggravated assault case.

Before you say anything to law enforcement or the prosecution, contact The Law Offices of Bryan J. McCarthy at (321) 248-7742 for a free consultation.

What Florida Law Says About Aggravated Assault

Florida Statute 784.021 identifies two ways an underlying assault becomes aggravated assault. The allegation must involve either a deadly weapon without an intent to kill or an intent to commit a felony.

The underlying assault centers on an alleged intentional threat, the accused person’s apparent ability to act on it, and circumstances that caused a well-founded fear of imminent violence. Physical contact isn’t an element. The prosecution must instead establish the alleged threat and the additional circumstance that elevates it to aggravated assault.

Whether an object qualifies as a deadly weapon depends on how it was allegedly used or threatened in the specific incident. We examine witness descriptions, physical evidence, video, statements, and the prosecution’s theory before assessing whether the evidence supports that aggravating element.

Felony Classification & Protected Personnel

Aggravated assault ordinarily carries a third-degree felony classification under Section 784.021. The classification changes when Section 784.07 applies to an allegation involving covered personnel who were lawfully performing their duties.

Covered personnel include law enforcement officers, firefighters, emergency medical care providers, and other occupations specifically named in the statute. An aggravated assault charge involving a covered person is reclassified as a second-degree felony. A conviction for aggravated assault on a law enforcement officer also carries a minimum three-year term of imprisonment.

The identity and duties of the alleged victim therefore require careful review. We examine whether the person falls within the statute, whether that person was performing a covered duty, and whether the evidence supports every element of the enhanced charge.

Firearm Discharge & Florida’s 10-20-Life Statute

Florida no longer applies the former automatic 10-20-Life mandatory minimum to aggravated assault based solely on firearm possession or display. The Legislature removed aggravated assault from that provision in 2016. That change doesn’t eliminate separate mandatory terms tied to discharging a firearm or destructive device.

Under Florida Statute 775.087, a conviction for aggravated assault involving the discharge of a firearm or destructive device carries a 20-year minimum term of imprisonment. If the discharge causes death or great bodily harm, the statute sets a minimum term of 25 years and permits a life sentence. A mandatory minimum imposed under this subsection must run consecutively to a sentence for another felony offense.

This distinction makes the precise firearm allegation critical. We evaluate whether the state alleges possession, display, or discharge and compare that allegation with witness accounts, physical evidence, and applicable firearm involvement statutes.

Defense Strategies in Aggravated Assault Cases

The prosecution must prove every element beyond a reasonable doubt, including the underlying assault and the alleged aggravating circumstance. Our defense assessment starts with the specific conduct the state alleges you committed, not simply the name of the charge.

We examine issues that include:

• Intent: We assess whether the evidence supports an intentional threat and the intent required for the charged offense.
• Imminent fear: We review whether the alleged words or actions created a well-founded fear that violence was about to occur.
• Apparent ability: We examine whether the accused appeared able to carry out the alleged threat under the circumstances.
• Self-defense: We evaluate the events surrounding the confrontation, including any claimed threat or danger faced by the accused.
• Defense of others: We assess evidence that the accused acted in response to a perceived threat against another person.
• Deadly-weapon allegations: We analyze the object involved and how witnesses claim it was used or displayed.
• Witness credibility: We compare accounts for inconsistencies, bias, missing context, and conflicts with physical or recorded evidence.

Our approach includes filing and litigating every viable pretrial motion supported by the facts and law. Motion practice can challenge how evidence was obtained, address the legal sufficiency of an allegation, and create a clear record of disputed issues before negotiations or trial.

The Brevard County Felony Court Process

Felony aggravated assault cases from Brevard County proceed in Florida’s 18th Judicial Circuit, which covers Brevard and Seminole counties. After an arrest, your case commonly begins with a first appearance before moving to arraignment and pretrial proceedings.

Arraignment addresses the formal charge and plea. Pretrial preparation involves obtaining and reviewing discovery, examining witness accounts, assessing physical or recorded evidence, and identifying motions that should be filed. Your case may then proceed through negotiations, motion hearings, or trial preparation based on the charge and evidence.

Early representation gives us an opportunity to assess the allegation against you and address immediate decisions before your case moves further into the felony court process. We explain each stage and prepare for the next one without predicting a particular resolution.

Consequences Beyond the Courtroom

A felony conviction can affect your life long after sentencing. Aggravated assault carries collateral consequences that may reach your career, housing, and professional credentials.

We represent doctors, nurses, lawyers, teachers, law enforcement officers, military members, and others whose work depends on state or federal credentials. An arrest or felony case can create reporting questions, employment concerns, or credential reviews separate from the criminal proceeding. We address those licensure concerns as part of the defense rather than waiting until the criminal case concludes.

Background checks can also affect your employment and housing opportunities before the case is resolved. When an accusation arises from a household or family relationship, related domestic violence issues can add another layer to the criminal proceedings. Identifying these concerns early helps us understand what’s at stake for you and your family.

Why Clients in Melbourne Choose The Law Offices of Bryan J. McCarthy

In 2011, Bryan J. McCarthy became a public defender with the Office of the Public Defender for Florida’s 18th Judicial Circuit in Brevard County, where he handled misdemeanor and felony cases. He earned an accounting degree from Florida State University before receiving his J.D. from Syracuse University College of Law. That background supports our detail-oriented review of charging documents, evidence, and potential pretrial motions.

Bryan holds an 8.7 Avvo Rating and has been recognized by National Trial Lawyers Top 40 Under 40. He is a member of the Brevard County Bar Association and the Florida Association of Criminal Defense Lawyers. We bring that criminal defense background to each aggravated assault case while tailoring our strategy to the evidence and the client’s professional and personal concerns.

Talk to an Aggravated Assault Attorney in Melbourne Today

If you’re facing an aggravated assault charge in Melbourne, Florida or elsewhere in Brevard County, your initial consultation is always free and confidential. You can discuss the allegation, the upcoming court process, and the issues that require immediate attention. Bryan J. McCarthy is also available after normal business hours.

Call (321) 248-7742 or contact The Law Offices of Bryan J. McCarthy today to schedule your free consultation.