While assault is considered a violent crime, you can be arrested for this offense without ever making physical contact with another person. That doesn’t mean an assault arrest is minor, as a conviction could impact you for the rest of your life.
If you have been charged with assault, our skilled defense attorneys are ready to investigate the allegations against you and advise on the strength of the state’s case. Talk to a Miami assault lawyer right away to learn more.
What is Assault?
Under Florida law, assault does not require physical contact. You can be charged if you intentionally threaten someone with violence and create a well-founded fear that the threat will be carried out. The key issue is whether your words or actions made the other person reasonably believe they were in immediate danger. This often comes down to what was said, how it was said, and the surrounding circumstances. Many assault cases arise from heated arguments, misunderstandings, or situations where both sides tell very different stories about what happened.
Potential Penalties
The penalties for assault depend on the specific crime you’re charged with. There are different degrees of assault under Florida law, and the court can also take into account aggravating factors that may lead to steeper penalties. A simple assault is usually charged as a second-degree misdemeanor, with a conviction leading to up to 60 days in jail, up to six months of probation, and fines. Even at this level, a conviction creates a permanent criminal record that can affect employment and housing.
If the charge is elevated to aggravated assault, the consequences become much more serious. Aggravated assault is typically a third-degree felony, which can carry up to five years in prison, five years of probation, and significant fines.
In addition to jail time and fines, there might also be collateral consequences that come with an assault conviction. Having a criminal record can make it difficult to find work, and it can also impact things like your child custody rights or housing options. Our Miami assault attorneys will work tirelessly to beat these charges so you never have to face these penalties.
Defending Against Assault Allegations
You need the right defense argument to push back on the prosecution. Some of the defense strategies our Miami assault attorneys often rely on include the following.
Lack of Intent
Assault requires a specific intent to threaten violence. If your actions were misunderstood or taken out of context, the prosecution may not be able to prove that you intended to create fear. Our attorneys examine the full situation to show that there was no real threat of harm.
Self-Defense
Florida law allows you to defend yourself if you reasonably believe you are in danger. If you acted to protect yourself or someone else from harm, that can be a strong defense. These cases can turn on anything from witness statements to admissions you made to other parties after the fact.
No Reasonable Fear
The prosecution must prove that the alleged victim had a well-founded fear of immediate harm. If the situation did not support that level of fear, the charge may not hold. For example, vague statements or distant threats may not meet the legal standard.
False Allegations
Assault accusations sometimes arise from personal conflicts, whether they involve neighbors or even romantic rivals. In some cases, the police can be called over an incident that doesn’t amount to a crime. If you are arrested based on false allegations, an attorney could rely on evidence like witness statements or text messages to highlight what really happened.
Take Action and Talk to a Miami Assault Attorney Today
Being arrested for assault is upsetting, but a conviction is never guaranteed. You have the right to fight back, and the right strategy could get you the outcome you deserve. Call The Law Office of Robert Malove and speak with a Miami assault lawyer today to get started.