Van Elswyk Law

Founding attorney Brice Van Elswyk is a seasoned defense lawyer with a prior prosecutor and investment banker background. Brice brings this vast experience to every matter and leverages his comprehensive legal and business knowledge and trial skills to achieve positive outcomes.

Trust Van Elswyk Law to protect your rights and interests at the bargaining table or in the courtroom. Conveniently located in Nokomis, the firm represents clients all along the Gulf Coast, including Sarasota, Bradenton, Charlotte County, Manatee County, and Hillsborough County. Contact Brice Van Eslwyk today for a confidential consultation.

About The Attorney
Brice Van Elswyk
A Premier Sarasota Criminal Defense Attorney

Being arrested or charged with a crime is serious; being convicted will jeopardize your freedom, rights, and future. With so much at stake, having an aggressive criminal defense lawyer is essential. Van Elswyk Law has an unparalleled depth of experience in a wide range of criminal matters.

Juvenile Defense

A child with a criminal record faces an uncertain future. If your child has been accused of a crime, your family needs trustworthy advice and guidance. Working with a capable juvenile defense attorney can mean the difference between a judicial finding of delinquent or not delinquent.

Van Elswyk Law regularly handles juvenile offenses such as:

  • Underage drinking
  • Driving under the influence (DUI)
  • Traffic offenses
  • Drug possession
  • Disorderly conduct
  • Vandalism
  • Trespassing
  • Petit larceny and other theft-related offenses
  • Assault and battery
  • Burglary
  • Robbery
  • Arson

Above all, attorney Van Elswyk is committed to protecting your child’s rights and future.

Assault and Battery

Assault and battery, two distinct offenses under Florida law, can result in misdemeanor or felony charges, punishable by imprisonment, fines, and other penalties:

  • Assault is an intentional, unlawful threat by word or an act of violence by one person to another
  • Battery occurs when a person intentionally touches, strikes, or causes bodily harm to another person

There are several classifications of assault and battery:

  • Simple assault
  • Aggravated assault
  • Simple battery
  • Domestic battery
  • Felony battery
  • Aggravated battery

Several factors distinguish these classifications, including:

  • The extent of the victim’s injuries
  • Whether the alleged assailant acted with intent
  • Whether a deadly weapon or dangerous instrument was used during the commission of the crime

Van Elswyk Law will assess the facts of your case, choose the best line of defense, and guide you through the process. Above all, Brice will work to achieve the best possible outcome, whether an acquittal, a dismissal, or reduced charges and penalties.

DUI Defense

Being arrested for driving under the influence doesn’t mean you will automatically be convicted as long as you have an experienced DUI defense lawyer.

Whether you are facing misdemeanor or felony DUI charges in Sarasota, trust Van Elswyk Law to protect your rights, reputation, and driving privileges.

Sarasota Drug Crimes

Common drug offenses under Florida law include:

  • Possession
  • Possession with intent to sell
  • Distribution
  • Manufacturing
  • Trafficking
  • Prescription fraud

The penalties for drug offenses depend on the nature of the crime (possession for use versus possession with intent to sell), the drug classification, and the quantity involved. Also, many drug crimes, including trafficking, are federal offenses that can carry stiffer penalties. With its renowned motions practice, Van Elswyk Law will explore your options, determine whether authorities violated your rights (e.g. illegal search and seizure), and vigorously defend you, whether in state or federal court.

Sex Offenses

Prosecutors in Florida and around the country take sex crimes very seriously and pursue convictions aggressively. A mere accusation of illegal sexual misconduct, even if false, can ruin your reputation at work and in the community. Attorney Van Elswyk has extensive experience, both pre- and post-arrest, litigating all types of sex offenses, including:

  • Sexual assault
  • Sexual battery (rape)
  • Unlawful sexual activity with a minor / lewd or lascivious molestation
  • Child pornography
  • Prostitution/solicitation
  • Indecent exposure
  • Failure to register as a sex offender

When your freedom and reputation are hanging in the balance, Brice will be your dedicated advocate, never judge you, and do his best to defend you and your good name.

Capital and Life Felonies

Capital and life felonies are the most serious felony offenses under Florida law. Capital felonies include murder and certain sexual batteries.  First-degree murder, for example, is punishable by the death penalty or life in prison without the possibility of parole.  Examples of life felonies include:

  • Kidnapping
  • Accomplice to murder
  • Second degree murder
  • Lewd or lascivious molestation of a minor
  • Robbery with a firearm or deadly weapon
  • Armed burglary
  • Burglary with assault or battery

In addition to imprisonment and fines, those convicted of life or capital felonies may be ordered to pay restitution to the victims.

The Van Elswyk Difference

Regardless of the charges facing you, it takes an aggressive Sarasota criminal defense attorney to protect your rights and help you avoid jail or prison. That’s where Van Elswyk Law comes in. Brice knows the ins and outs of the criminal justice system and will make the law work for you.

The state must prove its case beyond a reasonable doubt. Brice knows whether or not they can and will fight to ensure they’re held to the highest standard of law. Trust Van Elswyk Law to carefully weigh the strength of the evidence against you, uncover and exploit weaknesses in the prosecution’s case, and mount an aggressive defense.

Civil Matters Our Firm Handles

In addition to criminal defense, Van Elswyk Law represents individuals and businesses in civil disputes and has an impressive track record of success in mediation, arbitration, and court proceedings.


An injunction is a court order (1) restraining an individual or entity from violating the legal right of another or (2) compelling a person to carry out a certain act, such as making restitution to the injured party. If you are involved in civil litigation, this legal remedy typically involves restraining orders or temporary or permanent injunctions, in addition to, or instead of, monetary damages. Attorney Van Elswyk can help you seek an injunction or defend against an unjust one.

Domestic Violence Injunctions

Domestic violence threatens many families in Sarasota and throughout Florida. Securing a protective order can help to protect someone if a spouse, domestic partner, or family member is violent, abusive, or threatening. But there are also situations where domestic violence is falsely alleged, particularly in contentious family court proceedings. Van Elswyk Law regularly defends clients against unjust domestic violence injunctions.

Securities Fraud

If you have suffered investment losses due to the illegal or unethical conduct of a stock broker or investment adviser, we can help. With years of experience with FINRA (“Financial Institutions Regulatory Authority”) and in investment banking and asset management, Van Elswyk Law is poised to recoup your losses from various types of securities fraud, including:

  • Unsuitable investments such as structured products, “best of” notes, equity-linked notes
  • Unauthorized trading
  • Misrepresentation of risks
  • Under or miss-management of managed accounts
  • Churning
  • Violations of “Reg BI” aka “Regulation Best Interests” of the client
Contract Disputes

Our firm represents plaintiffs and defendants in contract disputes arising from:

  • Breach of contract
  • Breach of warranty
  • Misrepresentation

From business contracts to employment agreements and real estate contracts, Van Elswyk Law works to resolve contract disputes through negotiation and, if necessary, litigation.

High-Net-Worth Divorce Litigation

We represent clients in high-net-worth divorce cases involving assets of $1 million or more. Attorney Van Elswyk has the financial acumen to deal with complex properties and assets – private businesses, multiple homes, complex investment portfolios, trusts, and business interests – associated with high-net-worth divorce. He will work to protect your property rights in and out of the courtroom.

Contact Our Experienced Sarasota Civil and Criminal Defense Attorney

Van Elswyk Law is known for offering powerful representation, cost-effective service, and an exceptional client experience. Whether you are involved in a criminal or civil matter, you can depend on Brice Van Elswyk to protect your rights and interests and be confident knowing that your case is in good hands. Contact Brice today to get started.

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