Miami Assault Attorney
Understanding the Crime
Assault is intentionally threatening another person, along with the ability to carry out the action at the time that the threat is made – not later. In order for the courts to find someone guilty of assault, the subject must have the "present apparent ability" to carry out the threat, and the threat must "create a well-founded fear that violence is imminent." Circumstances that may increase the penalty for an assault conviction are the use of a deadly weapon or the individual's intention to commit a felony during the course of the assault.
If you have been charged with assault, you should speak with a Miami criminal lawyer as soon as you can. Oftentimes, police arrest individuals based on perceived threats where there was no imminent violence or well-founded fear, or there was no way the threat could have been accomplished in the moment—that is, no present apparent ability. In this situation, a Miami criminal defense lawyer can argue that no crime was committed.
What penalties could I be facing?
In the state of Florida, law enforcement takes violent crimes seriously. For this reason, the penalties for even a simply assault charge may land you in jail. Depending on the nature of the crime and whether or not a weapon was present at the time that the threat was made, however, the penalties could range from a misdemeanor to a felony offense. According to Florida Criminal Statute §784, an assault charged is punished as follows:
- Assault (Second Degree Misdemeanor): up to 60 days in jail and a $500 fine
- Aggravated Assault (Third Degree Felony): up to 5 years in prison and a $5,000 fine
If you have been charged with either of these offenses, it is important to make sure that your rights are protected during the criminal process, as you could be facing serious consequences in the face of a conviction. To get started on building a viable defense in your favor, contact our firm immediately.
How Seltzer Law, PA Can Help
If you have been charged with assault, you may find the legal process is daunting. Therefore, hiring a Miami criminal defense attorney proficient in criminal law, criminal procedure, and the Florida Rules of Evidence will mean the difference in a case with a successful outcome and a case with a non-successful outcome. Seltzer Law, PA represents clients throughout the South Florida area.
Our lead attorney's years of experience as a former prosecutor have provided our firm with significant insight into how a prosecutor deals with criminal cases. Let us advise you on Florida criminal laws and how best to navigate assault charges. We offer free, confidential consultations to all potential clients, 24 hours a day and 7 days a week.