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.

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.

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.

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 Consultation

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 your defense!