Being arrested and charged with assault can be a shocking experience that can leave you confused, wondering how you got into this position and what to do about it. Protesting to the arresting officer that you didn't touch the person or hurt anyone won't help you. Assault is a criminal offense which can be committed without ever touching the victim. It consists of an intentional threat through action or word to do violence to the alleged victim and the apparent ability to carry out the threat and the victim developed a well-founded fear that the violence was imminent. Assault is a misdemeanor in Florida but the penalties if convicted are harsh. If you or a loved one has been arrested for assault, make sure you are represented by a Miami criminal defense attorney who is prepared to fight for you.
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.
Charged with assault? Contact our team!
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.
Contact a Miami criminal defense lawyer from the firm today to get started on your case.