Aggravated Assault Lawyer Miami, FL
Defense for Aggravated Assault in Florida
Assault is defined as intentionally and unlawfully threatening another, by word or act, with force or violence against them. Aggravated assault is assault that possesses an aggravating, or worsening factor, such as the use of a deadly weapon, or committing the crime while already engaged in a felonious act. In this case, a deadly weapon is considered any item that is used in a way likely to cause death or extensive bodily harm. However, aggravated assault does involve the intent to kill.
At Hager & Schwartz, P.A., we believe that those charged with crimes should have their rights fully defended and protected. If you have been charged with aggravated assault, we are available to help you by providing you with a defense.
Is Assault a Felony in Florida?
In Florida, assault can be either a misdemeanor or a felony depending on the circumstances of the case and the severity of the injuries sustained by the victim.
- Simple assault, which involves minor injuries or no injuries at all, is usually charged as a misdemeanor.
- Aggravated assault, which involves more serious injuries or the use of a deadly weapon, is generally charged as a third-degree felony, and is assigned a Level 6 offense severity ranking in accordance with our state's Criminal Punishment Code.
This is a particularly harshly-penalized crime, and even first-time offenders face a highly-realistic chance of prison time if convicted.
Florida Aggravated Assault Penalties
A conviction can result in the following penalties in any combination:
- A prison sentence of up to 5 years
- Probation for up to 5 years
- Fines of up to $5,000
A Miami aggravated assault lawyer is prepared to aggressively defend you in your aggravated assault case. By investigating your charges and presenting the facts and evidence found in a court of law, they may secure an outcome in which your charges or lessened, or in which you are cleared of any and all wrongdoing.
Defense Options for Aggravated Assault Cases in Florida
Our clients have the right to legal defense against their charges, as well as an investigation into their cases so as to obtain relevant facts and evidence. If you are faced with aggravated assault charges in Florida, some possible defenses include:
- Conditional threat - If you have made a statement that expresses a conditional threat to commit a violent act at some unspecified time in the future, based upon a possible eventuality, your act does not constitute assault and you cannot be charged as such.
- Unreasonable fear - If your accuser who was "threatened" was taunting you or did not actually believe you would follow through with your threat, then claimed assault later, you likely cannot be convicted, as they were never legitimately in fear of being harmed.
Contact a Miami aggravated assault attorney at (305) 330-1360 who can provide you with a strong chance of being acquitted of your aggravated assault charges by aggressively defending you in a court of law.
Brett Schwartz is one of the best attorneys
“Brett Schwartz is one of the best attorneys available in Florida. I was charged with a DUI with Serious Bodily Injury and Leaving the Scene. I was facing a possible 10 year sentence with a Judge that rejected our plea on several occasions and seemed to have a soft spot for cases like this. And then when everything seemed hopeless and I spent my ...”
I thoroughly recommend Brett Schwartz as a defense attorney.
“I thoroughly recommend Brett Schwartz as a defense attorney. He worked tirelessly and relentlessly to get my case dropped even before it went to trial. He succeeded, although the odds were heavily stacked against us. Thanks to our overcrowded justice system, the entire ordeal took two months, and was the most stressful experience of my ...”
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