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KNOWLEDGE. EXPERIENCE. RESULTS. Aggravated Assault Put Over 20 Years of Experience to Work for You

Aggravated Assault Lawyer in Miami

Florida Aggravated Assault Laws

What is aggravated assault? Assault can be categorized as either assault or aggravated assault. Aggravated assault is covered under Section 784.021 of the Florida Statutes. Under §784.021 an assault is "aggravated" when it involves an attempt or threat of violence against another person, which is classified as a more serious offense due to particular aggravating factors:

  • Possession or brandishing of a deadly weapon
  • Intent to commit a felony

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.​​​​ For example, a person in the process of committing a robbery (a felony offense in Florida) who threatened a victim and put him or her in reasonable fear of serious injury, this would constitute aggravated assault.

Contact our Miami aggravated assault attorney today. Your initial consultation is free!

Aggravated Assault Penalties

In Florida, aggravated assault is a third-degree felony and may be punishable by up to 5 years in state prison along with a fine of up to $5,000. Aggravated assault may be designated as a "strike" offense, and this makes your criminal defense representation all the more important. You may have been acting in self-defense or may have been trying to protect your family or your property.

Defense Against Aggravated Assault Charges

At the Law Office of Michael Mirer, P.A., our lead attorney Michael Mirer is more than your average 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.

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 aggravated assault 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 your defense!

Florida Aggravated Assault FAQ

  1. What constitutes aggravated assault in Miami, Florida? Aggravated assault in Miami involves an intentional and unlawful threat by word or action to commit violence against another person coupled with the apparent ability to carry out the threat, done with a deadly weapon or with the intent to commit a felony. It is a serious offense that carries severe penalties.
  2. What are the potential consequences of an aggravated assault conviction in Miami? An aggravated assault conviction in Miami can result in significant legal consequences, including substantial fines, probation, mandatory counseling or anger management classes, community service, and even lengthy imprisonment. Additionally, a conviction can have long-term consequences on your personal and professional life, affecting employment opportunities and housing options.
  3. How can a Miami aggravated assault attorney assist me with my case? A skilled Miami aggravated assault attorney can provide invaluable legal representation and support throughout your case. They will review the evidence against you, investigate the circumstances of the alleged assault, identify any weaknesses in the prosecution's case, and develop a strategic defense strategy tailored to your specific situation. Additionally, they will advocate on your behalf in court, negotiate with prosecutors to seek reduced charges or alternative sentencing options, and ensure that your rights are protected throughout the legal process.
  4. What defenses are available for aggravated assault charges in Miami? There are several potential defenses that a Miami aggravated assault attorney may explore, depending on the specifics of your case. These defenses may include self-defense, defense of others, lack of intent, mistaken identity, or insufficient evidence to prove guilt beyond a reasonable doubt. Your attorney will carefully evaluate the facts of your case and determine the most effective defense strategy to pursue.
  5. Is it possible to have aggravated assault charges dismissed or reduced in Miami? While every case is unique, it may be possible to have aggravated assault charges dismissed or reduced with the assistance of a skilled Miami aggravated assault attorney. Your attorney will conduct a thorough review of the evidence, identify any legal issues or procedural errors that may warrant dismissal, and negotiate with prosecutors to seek a favorable resolution to your case. Additionally, they may explore alternative sentencing options or diversion programs to mitigate the potential consequences of a conviction.
  6. How should I choose a Miami aggravated assault attorney for my case? When selecting a Miami aggravated assault attorney, it's essential to consider their experience, track record of success, knowledge of criminal law, and dedication to client advocacy. Look for an attorney who has successfully defended clients facing similar charges and who will prioritize your best interests throughout the legal process. Additionally, schedule consultations with potential attorneys to discuss your case and assess their suitability for representing you.
  7. What should I do if I've been arrested or charged with aggravated assault in Miami? If you've been arrested or charged with aggravated assault in Miami, it's crucial to seek legal representation from a reputable and experienced attorney as soon as possible. Exercise your right to remain silent and refrain from discussing the details of your case with law enforcement until you have consulted with an attorney. Your attorney will provide you with knowledgeable legal guidance, protect your rights, and work tirelessly to achieve the best possible outcome for your case.
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