Assault Lawyer in Miami, FL
Have You Been Charged with Assault in Miami?
The 2 types of assault in are simple and aggravated assault. The assault charges that an individual is charged with depend on the specific scenario of each case. If charged with either one, the defense is going to need to be developed by an assault lawyer who has experience in defending individuals in Miami.
What Are the Penalties for Being Found Guilty of Simple Assault Charges?
Being found guilty of the charges of simple assault can result in the following penalties:
- Misdemeanor charges
- Jail time of up to 60 days
- Fines up to $500
An individual can even face assault charges by verbally threatening someone. It does not matter if the verbal attack was in the heat of the moment. In Miami, assault charges are considered to be violent crimes and the prosecution is going to take the case very seriously and do the best they can to ensure that justice, as they perceive it, is served.
What Are the Penalties for Being Found Guilty of Aggravated Assault Charges?
Being found guilty of aggravated assault can result in the following penalties:
- A third-degree felony charge
- Prison sentence of up to 5 years
- Fines up to $5000
However, if an aggravated assault provides for enhanced charges, the penalties that can be handed down by the court of law can be increased. In addition, the use of a firearm or a deadly weapon will allow the prosecution to increase the charges against the defendant and therefore increase the possible penalties that may be faced. In Miami, it is more than likely that assaults charges where a firearm was involved will become a second-degree felony.
What Defense Plans Can an Assault Lawyer Use for Assault and Battery Charges?
Assault charges are very serious crimes in Miami, FL. Like all other crimes, the more severe the circumstances of the assault are, the more severe the penalties are likely to be. In order for the defendant to be found guilty, the prosecution is going to have to prove beyond a reasonable doubt that the individual being charged with the crime committed the offense.
A Miami assault lawyer will be able to form a defense by possibly using one of the listed factors below:
- Self defense
- Violations of constitutional rights
- Defense of property
- Insufficient evidence
- Procedural violations performed by law enforcement
- Law enforcement not giving the defendant Miranda warnings
Schedule a Free Consultation Today
If you or someone you know is facing assault charges, do not take the chances of approaching a court hearing without a Miami assault lawyer. Getting assault and battery charges on your permanent record is going to make life very difficult and can have a lasting effect on both your future employment goals and your future educational endeavors.
It is important to keep in mind that assault and battery charges are often the end result of two people getting into a confrontation. The unfortunate truth is that usually, only one person has to endure assault charges. A lawyer who has experience in defending individuals who have assault and battery charges can help prove to the court that there was mutual fighting and the confrontation was not just one-sided.