The two types of assault in Miami, Florida are simple and aggravated assault. If charged with either one a defense is going to need to be developed by an attorney who has experience in defending individuals who have assault charges.
- What are the penalties for being found guilty of simple assault charges?
- What are the penalties for being found guilty of aggravated assault charges?
- What defense plans can an attorney use for assault and battery charges?
The two types of assault charges that an individual can be brought up on in the Miami, Florida area are simple and aggravated assault. The assault charges that an individual is charged with depend on the specific scenario of each case.
Being found guilty of the charges of simple assault can result in the following penalties:
- A conviction of simple assault can result in a misdemeanor charge
- 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, Florida assault and battery 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.
Being found guilty of aggravated assault can result in the following penalties:
- A conviction of aggravated assault can result in a third degree felony
- 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 and will likely 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, Florida it is more then likely that assaults charges where a firearm was involved will become a second degree felony.
Assault charges are very serious crimes in Miami, Florida. 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. An attorney with experience in defending assault and battery charges 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
If you or someone that you know is facing assault charges do not take the chances of approaching a court hearing without an attorney. 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. An attorney who has experience in defending individuals who have assault and battery charges can help to prove to the court that there was mutual fighting and the confrontation was not just one sided.