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Miami Assault Defense Lawyer

What You Need To Know After an Assault Arrest

The first thing you need to know remember is that you are innocent until proven guilty. Our attorneys are here to ensure that you get justice, so before you answer any questions or face a judge, contact The Law Office of A. Antonio Tomas, P.A. at (305) 290-2313.

According to §784.011 of the Florida Statutes,

784.011 Assault.— (1) An “assault” is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent. (2) Whoever commits an assault shall be guilty of a misdemeanor of the second degree.

Bail for Assault Charges
Most people, after being arrested on suspicion of assault, are able to post bail so that they do not have to remain in jail until their hearing. Bail for assault charges in Florida will differ in cost depending on the severity of the charges. The judge sets the bail.

Your Court Hearing
If you do post bail after being arrested for assault, you will be given a court date. If you miss this court date, a warrant will be issue for your arrest. While Attorney Tomas can assist you at any phase of the criminal process, we suggest contacting us before answering any questions and definitely before your hearing.

Aggravated Assault Charges

According to the Florida Statutes §784.021 (2011), aggravated assault means an assault with a deadly weapon or in the commission of a felony, and more severe sentencing in a conviction. Assault on emergency personnel such as firefighters or EMTs, public transit personnel and police officers means a minimum prison sentence of three years if convicted. Assault can be one of those offenses where only the accuser and the accused were present, for example when two neighbors become involved in a disagreement.

How is assault different than battery?

Although assault and battery are typically grouped together, Florida considers these different offenses. Assault charges are detailed in § 784.011 of the statutes and is defined as intentionally threatening another person by word or action. This must be coupled with the ability to carry out those threats, enough to cause the victim to fear for their safety.

The crime of battery is detailed in § 784.03 of the statutes, and is defined as carrying out an act of violence against another person and causing them physical bodily harm. If an individual was accused of threatening a person and then carrying out those threats then they could be charged with assault and battery, but these two offenses are not always charged together. In the state of Florida, there are also different penalties for assaulting a law enforcement officer (§ 784.071).

Arrested for assault? Contact The Law Office of A. Antonio Tomas!

Since no evidence of injury is necessary for a charge of assault a false accusation may be made out of anger which officers and prosecutors can take seriously. Allegations of assault and aggravated assault or domestic violence are common in domestic disputes also. After a cooling off period the accuser may withdraw the accusation, however the final decision to prosecute or not rests with the prosecutor. A resourceful assault defense lawyer may be able to present enough convincing information to the prosecutor to prevent charges from being filed in such a case.

You have nothing to lose by contacting our firm. Initial consultations are absolutely free of charge.


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Law Office of A. Antonio Tomas, P.A.
Miami Tax Law & Criminal Attorney
Located at: 815 Ponce De Leon Boulevard
Suite 210

Miami, FL 33134
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Phone: (305) 290-2313 | Local Phone: (305) 648-1040.
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Disclaimer
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
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