Aggravated Assault Attorney in Melbourne, FL

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, and we approach every case with the motion-driven strategy and attention to detail the charge demands.

Bryan McCarthy spent years as a public defender in Brevard County’s 18th Judicial Circuit, handling felony cases alongside the same prosecutors who may now be handling yours. That courtroom familiarity shapes how we analyze the state’s evidence, identify weaknesses, and pursue resolutions that can help protect your future.

Facing aggravated assault charges in Brevard County? Contact The Law Offices of Bryan J. McCarthy at (321) 248-7742 for a free consultation before you say anything to law enforcement or the prosecution.

What Florida Law Says About Aggravated Assault

Under Florida Statute 784.021, aggravated assault is an assault committed either with a deadly weapon without intent to kill, or with the intent to commit a felony. The underlying offense requires an intentional, unlawful threat by word or act to do violence to another person, paired with the apparent ability to follow through and an act that creates a well-founded fear that violence is imminent.

No physical contact is required. The charge is built around the threat and its circumstances, not the outcome.

What counts as a deadly weapon is broad under Florida law. A firearm qualifies. So does a knife. But courts have also found motor vehicles, baseball bats, and other objects to meet the definition when used or threatened in a way likely to produce death or great bodily harm. The prosecution doesn’t need to prove intent to kill, only that the qualifying weapon or felony-intent element was present.

Penalties for Aggravated Assault in Florida

Aggravated assault is a third-degree felony, carrying a maximum sentence of five years in prison, five years of probation, and fines up to $5,000. Those are the baseline numbers, and several circumstances push them higher.

When the alleged victim is a law enforcement officer, firefighter, emergency medical care provider, or other qualifying protected occupation under Florida Statute 784.07, the charge is reclassified to a second-degree felony and carries a mandatory minimum prison sentence of three years.

Aggravated assault involving a firearm is treated as aggravated assault with a deadly weapon. Under a 2016 change to Florida law, there is no mandatory minimum sentence for these offenses, though courts treat firearm involvement as a serious aggravating factor, and prison sentences remain common. Prior criminal history and other case-specific circumstances also affect where a sentence lands within the statutory range.

Defense Strategies in Aggravated Assault Cases

The prosecution must prove every element of the charge beyond a reasonable doubt, including the presence of a deadly weapon or the required felony intent. That burden is the foundation of every defense we build.

Depending on the facts, viable defenses can include:

• Self-defense: Florida law permits the use of force when a person reasonably believes it’s necessary to prevent imminent harm. Stand Your Ground protections may also apply in qualifying circumstances.
• Defense of others: Force used to protect another person from harm can be a recognized defense when the belief of imminent danger was reasonable.
• Lack of intent: The charge requires specific intent elements. If those can’t be established, the charge may not hold.
• No present ability: If the alleged threat wasn’t accompanied by the apparent ability to carry it out, the foundational element of assault can be challenged.
• Challenging the evidence: Witness credibility, the characterization of an object as a deadly weapon, and how law enforcement gathered evidence are all subject to scrutiny.

Prosecutors sometimes overcharge aggravated assault cases. Our approach includes litigating all viable pretrial motions, which can expose weaknesses in the state’s case, open the door to charge reductions, or, in the right circumstances, support arguments for dismissal.

Consequences Beyond the Courtroom

A felony conviction doesn’t end when sentencing does. Aggravated assault carries collateral consequences that reach into nearly every area of life.

State licensing boards for regulated professions, including medicine, nursing, law, teaching, and law enforcement, can initiate reviews or revocations triggered by a felony conviction. We have direct experience representing clients from licensed professions, including those with state and federal credentialing requirements, and we address licensing concerns as part of the defense from the start, not as an afterthought.

Beyond licensing, a felony record affects employment, housing applications, and firearm rights under both state and federal law. The alleged victim may also pursue a separate civil personal injury lawsuit, and probation conditions such as court-ordered anger management can extend the disruption well past the conclusion of the criminal case.

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

Bryan McCarthy’s time as a public defender in Brevard County’s 18th Judicial Circuit gave him direct exposure to how local prosecutors build and argue aggravated assault cases. That knowledge informs every motion we file and every negotiation we enter. His accounting background reinforces the detail-oriented approach, producing a defense built on documented evidence and precise legal argument rather than broad generalizations.

Bryan holds an 8.7 Avvo rating and has been recognized by the National Trial Lawyers Top 40 Under 40. The firm is a member of the Brevard County Bar Association and the Florida Association of Criminal Defense Lawyers. Across hundreds of complex criminal matters in Central Florida, we bring individualized attention and strategic motion practice to every case because no two situations are the same.

Talk to an Aggravated Assault Attorney in Melbourne Today

If you’re facing aggravated assault charges in Melbourne or anywhere in Brevard County, the decisions you make now affect what options remain available later. We offer a free consultation to review your situation and explain what a defense can realistically look like for your specific case.

The earlier we get involved, the more options may remain available. Call (321) 248-7742 or contact The Law Offices of Bryan J. McCarthy today to schedule your free consultation.