Miami Assault Lawyer
Assault & Aggravated Assault Charges
Have you been named in a criminal investigation involving assault or aggravated assault in Miami? Have you been accused of assaulting a law enforcement officer? You will need immediate and aggressive legal representation by a knowledgeable criminal attorney if you are to have the opportunity to avoid a conviction for these serious charges.
In such situations, the defendant is commonly charged with assault and battery, but many people fail to realize that these are two distinct offenses with separate penalties. Assault is distinguished from battery in that it does not involve the actual carrying out of the threat or attempt. Battery involves striking or touching another person, intentionally and against the victim's will.
Statutes 784.011 and 784.021: Assault and Aggravated Assault
It is important that you understand the charges made against you, as well as the possible penalties of conviction.
- Assault: Under statute 784.011, assault is defined as threatening violence unlawfully and intentionally through word or action, and through such causing the victim to reasonably fear that the violence is imminent. Assault is a second degree misdemeanor offense, and sentencing could include up to 60 days in county jail, 6 months of probation, and a $500 dollar fine.
- Aggravated Assault: Under statute 784.021, the charge can be aggravated if the defendant commits the crime assault with a deadly weapon, though they do not intend to kill, or if they assault the victim with the intent to commit a felony. Aggravated assault is an increased offense, and is charged as a third degree felony. The sentencing for this crime is much more severe, and can include up to 5 years in prison and a fine up to $5,000.
Assault is a serious violent crime and one that the state prosecutes harshly. The severity of assault charges will vary depending on the defendant's criminal record, whether a weapon was used, whether the victim was a law enforcement officer and other factors as well.
Fight your Assault Charges
Although you may have been accused of assault or aggravated assault, this does not necessarily mean that your life as you know it needs to be affected. By consulting an experienced criminal defense lawyer, you can find out what legal rights you have and what options you can explore in regard to challenging these charges and avoiding a conviction. An attorney can work to expedite your release from jail and can also begin immediately in defending your Constitutional rights to mitigate any potential penalties you may face or help you avoid a conviction altogether.