Criminal Assault in Miami

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Introduction to Criminal Assault in Miami

Congress and state legislatures are in charge of defining what exactly constitutes a crime such as assault. This means that what may be considered assault in one state may be different from another state. If you would like to know how your state specifically defines criminal assault, speak to an attorney in your area. If you reside in South Florida, you may contact our Miami criminal defense attorney at Gallardo Law Firm. In our office, we provide legal representation through our criminal lawyers in Miami who are willing to advise you on this and any other questions you may have.

An assault can occur even if no one is physically hurt since it consists of an actual threat of injury to another person. Such threat of injury must be intentional to be considered an assault.

Examples of assault include someone who threatens another person with a baseball bat even if there is no physical contact; also making a fist at someone,pointing a firearm at someone whether it is loaded or not, while the person is aware that you are pointing a gun at him or her, and so on. There are certain actions that may result in someone feeling threatened, but may not always constitute a criminal assault. For example, telling someone that you plan to harm them at a later time does not constitute assault. Nor is it a criminal assault to aim a gun at a person who is not aware that this is happening. When someone commits an assault with the intention of actually hurting another individual and causing serious bodily harm, this is classified as aggravated assault. This kind of assault is often committed using a dangerous weapon such as a firearm.

The Meaning of Assault and Battery

Assault is usually accompanied by aggression. Aggression occurs when someone intentionally or recklessly causes physical injury to another person. Usually, if the aggression was committed, the assault was also committed. However, the opposite is not necessarily true committing an assault does not mean aggression was also committed.

Assault as a Felony or Misdemeanor

Based on how severe the action committed is and how strict the laws are in the state where the incident took place, an assault can be classified as a misdemeanor or felony.

A misdemeanor is a crime classification reserved for minor offenses. These crimes usually involve prison sentences of less than one year, lower fines, community service, or a mix of these. Only the most serious crimes are classified as a felony and will likely lead to prison sentences of over a year, higher fines, or both. If the assault is considered minor, the person will have a misdemeanor charge. But, if the assault was committed using any sort of weapon such as a firearm, it will likely be classified as a felony.

Defenses Used in Criminal Assault in Miami

There are a number of defenses available to those accused of criminal assault in order to justify their actions. The most appropriate defense for your case will be based on the circumstances of your particular case. In general, a person is allowed to use physical force or threaten to use force to defend oneself from other person who attempts to cause physical harm. In some circumstances, a person may even threaten to harm or use force to defend their property. If you have been charged with assault, you will want to discuss your rights and plan a strategy for your case with a Miami criminal defense attorney.

Legal Representation in Criminal Assault Cases

Assault Felony or Assault Misdemeanor in Miami

Lawyers in Miami working in criminal assault cases play an important objective for many people who are injured by the criminal conduct of another person. Gallardo Law Firm has attorneys who have a wide knowledge of criminal law and can provide legal advice if you or a loved one has been the victim of criminal assault. Do not be afraid to claim for the damage that has caused so much suffering to you and your family. It is important to work from the beginning with a good Florida criminal attorney on your case because they know the Florida laws and can guide you through the legal process to make sure you are fairly compensated for your financial losses as quickly as possible; especially since recovering from an assault can be very costly. These types of cases can become extremely complicated and technical, requiring the aid of a legal professional who can dispute your claim.

About Gallardo Law Firm

The attorneys at Gallardo Law Firm have solved numerous cases for our clients who have been successfully represented by us. They are highly qualified professionals who have wide ranging knowledge in different types of criminal assault cases. Being involved in an assault case can be a painful and overwhelming experience. Gallardo Law Firm seeks to help their clients by answering questions about their particular case and making the legal process as smooth and quick as possible. We also provides online legal advice at our website. Our Miami criminal defense lawyers will advise any prospective clients about their rights. If you were the victim of any kind of assault, do not hesitate to contact our attorneys. They will work around the clock and as efficiently as possibe to while keeping your best interests at heart.


Criminal Defense Attorney in Miami

Common Questions and Answers about Criminal Assault in Miami

Criminal Assault refers to the intentional creation of a reasonable fear of imminent physical harm. This definition seems complicated; but it just means that the accused had the intention of making the victim feel that his/her life is in danger or will be physically hurt. For instance, a defendant pointing a knife at the victim in a way that made the person believe that they can hurt at any time. However, it must be an urgent danger, something that is happening in this instant not later in the future.
Although a defendant is entitled to an attorney appointed by the state, it is always recommended that you hire your own lawyer; as having a lawyer appointed by the state could create conflicts of interest at the time of defending the case. If you are facing criminal charges, you may want to hire a criminal defense attorney in your area to help with your case. Your attorney will be able to provide personalized legal advice for your particular case.
Assault is a common crime seen throughout the United States every day. An assault can be classified as aggravated or simple assault, depending on which state the crime is committed. The way assault is defined will depend on the specific state laws where the crime occurs. An individual can be charged with aggravated assault even in cases where no one is physically hurt.
Traditionally, if there was physical contact between the victim and the aggressor, the crime is classified as an aggression. However, if the victim has not been touched only threatened by the defendant, it is classified as an assault. Many states have completely abolished the technical distinctions between what constitutes an aggression or assault and now any type of action is classified as an assault.
Commonly used defenses include: defense or another individual, lack of intention such as claiming it was an accident, and self defense. Other defenses, which are not as viable, include saying it was joke, due to alcohol intoxication, and so on. However, every case is unique and all options should be discussed with an experienced criminal defense attorney in your area.
Self-defense is typically used to solve cases of violent crimes, including assault. When self-defense is used, the defendant is thereby admitting that he/she did perform a certain physical act related to the charges; but at the same time claiming that the aggression is justified by the alleged threatening or aggressive behavior of the other person involved. In most cases, the central question is:
  •  Who is the aggressor
  •  Was the defendant unreasonable in thinking that it was necessary to use force in order to avoid a danger?
An assault conviction can stay on your criminal record for life. You may be sentenced to time in jail, given fines, or both. You may also get probation for some time and come form of training or class in anger management may be required from you. You can even lose your right to own a firearm, and much more.
Felonies are generally punishable with more than one year in prison. Misdemeanors are generally punished with less than one year in prison, a fine or other penalty. Some crimes can be characterized either one, depending on how it was committed. Also, keep in mind that the key difference between both charges is not the sentence imposed, but the maximum sentence allowed.
No. Most sexual assaults are committed without using any kind of weapon. Very few are committed using a firearm since most sexual assaults are committed by someone we know, not a stranger.