Miami, Florida Aggravated Assault Attorney

Lawyer Defending Against Felony Assault Charges in Miami

Accusations of assault can lead to criminal prosecution, and in some cases, serious charges of aggravated assault may apply. Unlike simple assault, which is a misdemeanor offense, aggravated assault is classified as a felony. A conviction can result in years of imprisonment, substantial fines, a permanent felony record, and collateral consequences that could affect a person's career, housing, and civil rights. Due to the gravity of these charges, immediate and strategic legal action can be crucial.

Stroleny Law: Criminal Defense Attorney provides representation for people facing aggravated assault charges in Miami and the surrounding areas. Our lawyer understands the high stakes involved in felony assault cases and the tactics prosecutors may use. He will conduct thorough investigations into the circumstances of each accusation, challenge the evidence presented by the state, and fight to protect a person's freedom and future. His approach combines detailed legal knowledge with compassionate client service, focusing on achieving the best possible outcome in each case.

When Assault Becomes Aggravated Assault in Florida

Florida law distinguishes between simple assault and aggravated assault based on specific factors. Under Florida Statutes § 784.021, aggravated assault charges may apply if a person is accused of committing assault with a deadly weapon without the intent to kill the alleged victim. An assault charge may also be elevated to aggravated assault if a person allegedly intended to commit a felony offense.

The term "deadly weapon" may include a broad range of objects and instruments. Obvious examples include firearms, knives, and other items designed to inflict serious harm. However, other common objects may be considered deadly weapons depending on how they are used or threatened to be used. A vehicle driven toward someone in a threatening manner, a broken bottle brandished during a confrontation, a baseball bat wielded as a weapon, or even a heavy object raised to strike another person may all qualify as deadly weapons that could lead to aggravated assault charges. The key issue is whether an object that a person allegedly used or threatened to use was capable of causing death or serious injuries.

The intent to commit a felony is another key element of aggravated assault cases. If a person allegedly threatened to use violence with the intent to commit robbery, sexual battery, kidnapping, or another felony offense, they could be charged with aggravated assault. Prosecutors may argue that the circumstances surrounding an alleged assault showed that a person intended to commit an additional crime, and this may justify enhanced charges.

Penalties and Consequences of Aggravated Assault Convictions

The penalties for aggravated assault in Florida can be substantial. As a third-degree felony, aggravated assault carries a maximum sentence of five years in a state prison and fines of up to $5,000. The actual sentence that may be imposed will depend on various factors, including the defendant's criminal history, the specific circumstances of the offense, and any aggravating or mitigating factors.

Beyond the immediate penalties of imprisonment and fines, a felony conviction can lead to numerous collateral consequences that may affect virtually every aspect of a person's life, including:

• Employment and Professional Licenses: A felony record can create significant barriers to employment. Many employers conduct background checks, and they may be reluctant to hire people who have been convicted of violent crimes. Professional licenses in fields such as healthcare, education, law, real estate, and financial services may be revoked or denied based on a felony conviction. Career advancement opportunities may be limited, and some industries may be entirely closed to people with felony records.
• Housing and Education: Many landlords refuse to rent to people with felony convictions, which can make it difficult to secure quality housing. College admissions and financial aid eligibility may also be affected by a criminal record. The stigma associated with a violent felony can create obstacles to educational advancement and personal development.
• Civil Rights: A felony conviction will result in the loss of certain civil rights under Florida law. Convicted felons lose the right to vote, serve on juries, and possess firearms. While some rights may be restored, the procedures for doing so can be time-consuming, and results are not guaranteed.
• Immigration Status: Non-citizens may face additional consequences, as aggravated assault convictions can result in deportation, the denial of citizenship, and bars to reentry into the United States.

Defense Strategies for Aggravated Assault Accusations

Defending against aggravated assault charges will require an approach that is based on the unique facts of a case. Our lawyer may employ various strategies to challenge the prosecution's evidence and protect a person's rights.

Challenging whether an object involved in an alleged aggravated assault qualifies as a deadly weapon can be an important defense strategy in many cases. Prosecutors may claim that ordinary objects are deadly weapons, but our attorney can present arguments and evidence demonstrating that the item in question did not qualify. If no deadly weapon was involved, the charge may be reduced to simple assault.

Disproving the intent to commit a felony may be another powerful approach to use when defending against aggravated assault charges. The prosecution must prove beyond a reasonable doubt that a person had a specific intent to commit an additional felony offense. Our lawyer can challenge the evidence of intent by presenting alternative explanations for our client's conduct.

Self-defense is one of the most effective defenses that may be used in aggravated assault cases. Florida Statutes § 776.012 allows people to use or threaten to use force, including deadly force, when they reasonably believe that this level of force is necessary to prevent death or bodily harm. Our attorney can gather evidence showing that our client acted out of a reasonable fear of harm and that their response was proportionate to the threat they faced. Witness testimony, physical evidence, and our client's own account of events can be used to build a compelling self-defense case.

We will also investigate whether the alleged victim fabricated or exaggerated the accusations. Motives for false allegations may include custody disputes, personal vendettas, attempts to gain advantage in civil cases, or efforts to deflect attention from the accuser's own criminal conduct. Our lawyer will conduct thorough background investigations into the credibility of witnesses, review prior accusations they may have made, and present evidence of bias or dishonesty.

Contact Our Miami, FL Aggravated Assault Lawyer

Aggravated assault charges can threaten your freedom, your reputation, and your future. The consequences of a conviction can affect nearly every aspect of your life for years to come. You need a lawyer who will fight to protect your rights and use every available opportunity to defend against these serious accusations.

Stroleny Law: Criminal Defense Attorney has successfully defended numerous clients against aggravated assault charges. Our attorney has extensive courtroom experience and a thorough understanding of Florida criminal law. He is committed to providing quality legal representation and achieving results that will help you move forward with your life. Contact our Miami aggravated assault defense attorney today at 305-615-1285 to arrange a free consultation.