Assault & Aggravated Assault Attorneys in Miami
Call Our Firm for a Free Consultation
Under the Florida Statutes, Chapter 784, Section 784.011, an "assault" is an act of hostility or aggression against another person, including a verbal or physical threat. "Simple" assault is a second-degree misdemeanor in Florida. (The similar but separate offense of "battery" [F.S. § 784.03] is an intentional act that causes harmful or offensive contact with another person.)
Aggravated assault (F.S. § 784.021) is when a person either commits assault with a deadly weapon or commits an assault with a "fully-formed, conscious intent" to commit a felony crime against another person, elevates an assault charge from a second-degree misdemeanor to a third-degree felony in Florida, with enhanced penalties.
Aggravated assault is the most common of all violent crimes in the U.S., accounting for about two-thirds of all violent crimes, as classified by the FBI. In 2022, there were 541,280 aggravated assault incidents. Of those incidents, 364,140 allegedly occurred inside the victim’s own home. A handgun was used in 104,403 of those incidents.
Hubbs Law Firm Can Defend You
If you were arrested for assault under F.S. § 784.011 or aggravated assault under F.S. § 784.021, you should strongly consider consulting with an experienced criminal defense attorney right away to discuss your case.
A criminal conviction for a violent crime will have both short-term and long-term consequences that should be considered before you go to court. By consulting with a knowledgeable criminal defense lawyer, you can learn about the charges and potential penalties. A qualified lawyer will also be able to assess a situation for possible defenses that may lead to a reduction or dismissal of the charges.
Hubbs Law Firm is experienced in defending assault and aggravated assault charges in the Miami area. Our legal team represents people from all over Miami-Dade County, including Miami Beach, Coral Gables, Hialeah, Miami Gardens, Homestead, The Hammocks, Cutler Bay, North Miami and South Miami, as well as other cities and communities throughout Greater Miami.
E.J. Hubbs is Board Certified in Criminal Trial Law by the Florida Bar. Board certification is the highest level of achievement for attorneys conferred by the Florida Bar and signifies experience and competency within an area of law and ethics and professionalism in practice.
Please call Hubbs Law Firm at (305) 570-4802 today to make an appointment to speak with our dedicated Miami assault and aggravated assault attorneys, who will meet you in person to discuss all the aspects of your case. Your initial consultation is free.
Definitions of Assault & Aggravated Assault in Florida
Depending on the circumstances of an alleged assault, the crime may be charged as simple assault, which is a second-degree misdemeanor, or aggravated assault, which is a third-degree felony.
Assault
The Florida Statute Title XLVI, Chapter 784, § 784.011 defines assault as "an intentional, unlawful threat by word or act to do violence to the person of another and doing some act which creates a well-founded fear in such other person that such violence is imminent."
The Florida Supreme Court's Standard Jury Instructions in Criminal Cases § 8.1 enumerate the three elements that all must be proved beyond any reasonable doubt to obtain a conviction for assault:
- The defendant intentionally and unlawfully threatened, either by word or act, to do violence to the alleged victim
- At the time, the defendant appeared to have the ability to carry out the threat
- The act of the defendant created in the mind of the victim a well-founded fear that the violence was about to take place
Note: Under F.S. § 777.04(f), attempting to commit an assault but failing or being prevented from carrying out the assault is punishable as a second-degree misdemeanor, the same charge and penalties as if the assault had been carried out.
As professional Miami criminal defense attorneys, we take every case personally give every client the deliberate care it deserves. Our clients become part of our family and we fight relentlessly for their rights. Read more about us to find out how we can help you.
Committed to Excellence
Client Testimonials
-
I’m very happy to have found E. J. And Erika Hubbs because their energy, knowledge, and advise helped me become a US citizen.
Paola Eckel -
He handled all the legal details, represented me in court and had my case dismissed.
John A. -
"Erica es una buena abogada the imigracion!! Me ayudo con mi caso y en menos de dos anos pude areglar mis papeles.. Sin su anuda no se que fuera de mi familia. La recomiendo si estan buscando ayuda seria!"
