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Assault Have You Been Charged With Assault?

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 Tomas Law Firm at (305) 290-2313.

Understanding Assault Charges in Miami

Charges of assault in Miami carry severe repercussions, such as fines, probation, and possibly jail time. In order to safeguard your rights and put up a solid defense, it's critical to comprehend the legal meanings and ramifications of assault. At Tomas Law Firm, our skilled Miami assault defense attorneys can support you throughout the court proceedings and strive to get the best result for your case.

Key points to consider about assault charges in Miami:

  • Assault is the threat of violence or harm against another person.
  • Aggravated assault involves the use of a deadly weapon or intent to cause serious bodily harm.
  • Assault and battery are separate offenses, with battery involving actual physical contact.
  • Even a simple act like punching someone can be considered assault or battery, depending on the circumstances.

Facing assault charges in Miami? Don’t wait to get the legal support you need. Contact Tomas Law Firm to consult with a seasoned criminal defense attorney who will fight for your rights and strive for the best possible outcome.

Assault Laws In Florida

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.

What are Aggravated Assault Charges IN MIAMI?

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).

Is Punching Someone a Battery or Assault?

Punching, grabbing someone’s arm, pushing a person, and even using an object to do those things are all considered battery.

Protect Your Rights with an Experienced Assault Defense Lawyer

A conviction for assault carries harsh penalties, including fines, jail time, and a lifelong criminal record. To safeguard your rights and create a compelling defense, you must have an experienced assault defense attorney on your side.

Our team of skilled criminal defense lawyers at Tomas Law Firm has a track record of effectively defending clients accused of assault in Miami. To get the best result possible, we will carefully look into your case, collect evidence, and represent you in court.

Don't wait to take action - get in touch with Tomas Law Firm to schedule a consultation and start building your defense with a qualified assault lawyer in Miami.

Arrested for assault? Contact Tomas Law Firm

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. Contact us today.

Commonly Asked Questions

Can assault charges be filed without any physical injury?

Yes, assault charges can be filed even without physical injury. An intentional, unlawful threat to do violence to someone, coupled with the apparent ability to carry it out, can lead to assault charges.

What are the potential penalties for assaulting law enforcement officers in Florida?

In Florida, assaulting law enforcement officers carries severe penalties. The state statutes provide specific penalties for assaulting police officers, firefighters, EMTs, and public transit personnel, including minimum prison sentences upon conviction.

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