Aggravated Assault in Miami, Florida
Understanding Aggravated Assault Charges
Assault can be categorized as either assault or aggravated assault. Under
Section 784.011 of the Florida Statutes "assault" is an intentional
and unlawful threat by words or by an act of violence to cause bodily
injury against another individual, coupled with the ability to carry out
that threat. In order for someone to be guilty of "assault"
they must also do some sort of act that creates a well-founded fear in
the victim that such violence will be carried out. With assault, no physical
contact has to actually take place, yet the threat, coupled with the apparent
ability to carry out that threat must be present. Aggravated assault is
a felony in the third degree in Florida, punishable by up to 5 years in
a state penitentiary, or a fine up to $5,000, or both.
For instance, if someone says that they are going to beat someone else
up yet they are physically stopped by a witness, this may be construed
as assault. On the other hand, aggravated assault is a more serious offense.
Aggravated assault is covered under Section 784.021 of the Florida Statutes.
Under §784.021 an assault is "aggravated" when the assailant
commits "assault" with a deadly weapon without the intent to
kill, or when the assailant commits assault with the intention of committing
a felony. Therefore, threatening to cause bodily harm while attempting
to steal a motor vehicle, or threatening bodily harm while attempting
to commit armed robbery would be examples of aggravated assault. Another
example of aggravated assault would be where a husband threatens to hit
his wife with a hammer, or when a wife threatens to stab her husband with
a knife while holding it in her hand during a heated argument.
Skilled Defense Against Aggravated Assault Charges
At the Law Office of Michael Mirer, P.A., our lead attorney Michael Mirer
is more than your average criminal defense attorney, he is a former prosecutor
for Miami-Dade County where he prosecuted all types of criminal offenses.
Over his career, he has spent a significant amount of time in a courtroom
and he has personally been involved in more than 100 trials.
In addition to being one of Miami's premier defense attorneys, he has
lectured on trial techniques for presentations for the American Association
of Addiction, which is headed by former Director of the National Institute
on Drug Abuse Robert DuPont. He has also lectured on cross-examination
techniques to other attorneys as a part of a continuing legal education
program. In addition to handling assault and aggravated assault cases,
attorney Mirer also handles all state and federal crime cases including
homicides and grand jury investigations.
Schedule a Free Consultation with Attorney Michael Mirer
If you are facing criminal charges for aggravated assault, it's critical
that you enlist the services of a highly qualified defense attorney. In
the past people could get into a disagreement or even a physical altercation
and they were allowed to work out their differences, even if it meant
a fight. These days whenever you physically threaten to harm someone,
you could get into serious legal trouble even if you had every right to
defend yourself or make such a threat.
Assault cases are not in black and white, there is always a back story
to what happened; however, without a skilled and aggressive attorney,
the prosecutor may only see the other person's side, and this can
be detrimental to your future and result in imprisonment. Whenever you're
facing third degree felony charges, or any other criminal charges, your
future hinges on your criminal defense attorney's ability to effectively
defend your case.
Contact us today to learn more about the types of strategies that may be used in