Daytona Beach Violent Crime Defense
Daytona Beach Violent Crimes Attorney
Assault, battery, robbery, and weapons charges demand an aggressive, trial-ready defense from day one. Bond, self-defense, and gun enhancements are decided early.
- Available 24 hours a day
- Free, confidential consultation
- Offices in Daytona Beach, Port Orange & DeLand
Facing Assault, Battery, or Other Violent Crime Charges?
Aaron Delgado & Associates defends the full spectrum of violent crime charges in Daytona Beach and throughout Volusia and Flagler County, including assault and battery, aggravated battery, armed robbery, carjacking, kidnapping, weapons offenses, homicide, and DUI manslaughter. When the accuser is a family or household member, the case runs on the separate domestic violence track.
Most people assume assault and battery are the same thing. Under Florida law they are not, and the distinction is decisive. Assault is the threat: words or actions that put another person in fear of imminent violence. Battery is the actual contact. Each carries its own statute and its own maximum penalty, and a deadly-weapon allegation can move a simple misdemeanor into felony court. In Florida case law, a deadly weapon has included beer bottles, baseball bats, and cars.
A bar fight on Main Street during Bike Week, a road rage incident on I-95, or a confrontation on the Boardwalk can produce both charges at once. Knowing which one the state can actually prove at trial is the first move in every case.
Before you talk to anyone
What you need to know
Your first appearance decides where you wait
Within 24 hours of arrest you will be in front of a judge who sets bond or holds you without it. Recent changes in Florida law have made release harder on violent felonies. Having a lawyer at that hearing, with a bond argument and a release plan ready, can be the difference between preparing your defense at home and preparing it in the Volusia County Branch Jail.
Stand Your Ground is decided before trial
Under Florida Statute 776.032, a defendant claiming self-defense can request a pretrial immunity hearing where the judge, not a jury, decides whether the use of force was justified. Since 2017 the state carries the burden at that hearing. If immunity is granted, the case ends there. Whether and when to raise it is a strategy call to make with counsel early.
A gun changes the math entirely
Florida's 10-20-Life law under Statute 775.087 attaches mandatory minimums when a firearm is involved in certain felonies: ten years for possessing it, twenty for firing it, and twenty-five to life if someone is hit. Those minimums override the normal sentencing guidelines, so the weapon allegation is often the most important fight in the case.
Violent crime charges and matters we handle
- Simple and aggravated assault
- Simple, felony, and aggravated battery
- Battery on a law enforcement officer or first responder
- Robbery and armed robbery
- Carjacking and home invasion robbery
- Kidnapping and false imprisonment
- Carrying a concealed firearm and other weapons offenses
- Possession of a firearm by a convicted felon
- Aggravated stalking
- Manslaughter, attempted murder, and murder
- Bar fights, Bike Week, and Spring Break incidents
- Bond and pretrial release hearings
Florida assault and battery tiers
| Charge | What it requires | Classification |
|---|---|---|
| Simple assault | Threat by word or act, apparent ability, and well-founded fear of imminent violence | 2nd-degree misdemeanor |
| Aggravated assault | Assault with a deadly weapon, or with intent to commit a felony | 3rd-degree felony |
| Simple battery | Intentional touching or striking against the will of another | 1st-degree misdemeanor |
| Felony battery | Battery causing great bodily harm, permanent disability, or disfigurement | 3rd-degree felony |
| Aggravated battery | Deadly weapon, intent to cause great bodily harm, or victim known to be pregnant | 2nd-degree felony |
| Robbery with a firearm | Taking property by force or fear while carrying a firearm | 1st-degree felony (life) |
Assault and battery tiers follow Florida Statutes 784.011 through 784.045. A prior battery conviction makes a later simple battery a third-degree felony. Firearm enhancements under Statute 775.087 apply on top of these classifications.
Self-Defense, Stand Your Ground, and Weapons Enhancements
Many violent crime cases turn on self-defense. Under Florida Statute 776.012 and the Stand Your Ground framework, you may use or threaten non-deadly force to defend against an imminent unlawful threat, with no duty to retreat from any place you have a lawful right to be. Whether you started the encounter, whether the force was proportional, and how the testimony lines up with the physical evidence decide whether an immunity hearing is worth raising. Prosecutors in the Seventh Judicial Circuit fight these motions hard, so timing and preparation matter.
If a firearm is involved, the stakes climb fast under Florida's sentencing enhancements, and so does our focus on the weapon allegation itself: whether the object qualifies, whether you actually possessed it, and whether the state can prove it was used in the way the enhancement requires.
Our trial lawyers have the courtroom experience to challenge the evidence, the witnesses, and the enhancements the state tries to attach. Call 386.222.6677 for a free consultation. We are available 24/7 and will visit clients in jail when necessary.
Common questions
Violent Crimes Attorney FAQs
What we defend
Daytona Criminal Defense Practice Areas
Six areas of criminal law, one Daytona Beach defense team. Every case starts with a free, confidential consultation.
DUI Attorney
First offense or fifth, we know the breath tests, the roadside stops, and how to beat them.
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Drug Crimes Attorney
Possession to trafficking. We challenge the stop, the search, and the state's evidence.
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Traffic Offenses Attorney
Reckless driving, suspended licenses, and criminal traffic charges. Don't just pay the ticket.
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Domestic Violence Attorney
Injunctions, no-contact orders, and battery charges that can cost you your home and your rights.
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Violent Crimes Attorney
Assault, battery, robbery, and weapons charges. Stand Your Ground and self-defense, done right.
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Sex Crimes Attorney
Lifetime stakes demand a trial-ready defense from the first call. Confidential consultations, 24/7.
Learn moreArrested in Daytona Beach? Call before you talk to anyone.
A first appearance can happen within 24 hours of an arrest. Getting a lawyer involved before then can mean going home instead of waiting in the Volusia County Branch Jail.