Assault and Battery Miami
Definition of Simple Assault
The assault is defined according to the established laws in the United States as a crime of violence, the act and/or the attempt to set about and assault of one person to another. The assault is committed when an individual performs the action and threat to physically harm another person.
The laws also recognize an attempted physical harm as a simple assault, because if a person is capable of threatening to hurt someone while moving menacingly toward the victim with a clenched, or raising a fist can even complete the action at any time then this constitutes an assault.
Simple assault is the least serious form of assault and creates a well-founded fear of imminent harm in the victim. A simple assault is considered a second-degree misdemeanor and can lead to imprisonment as a penalty for assault.
Simple Assault and Battery Miami
Assault and Battery are indeed two distinct offenses, even when they are often related crimes. Battery occurs when the defendant makes physical contact with the victim. The defendant intentionally attacks the victim against his/her will without his/her consent. There are several types of batteries according to Florida Law. Simple Battery, Felony Battery and Aggravated Battery require an unwanted physical contact, previous conviction for battery and seriously bodily injury to the victim with a deadly weapon to establish penalty.
What is Aggravated Assault?
Aggravated assault is an extreme form of assault usually using a deadly weapon. It is prosecuted as a third degree felony, which can conclude in a sentence of imprisonment for up to five years and a fine amount of up to $5,000. Examples of aggravated assault include assault:
- Resulting in serious physical injury
- While concealing someone's identity
- With the intent to rape or steal
- Against "special victims"
- Pointing a gun or shooting the gun
Simple Assault under Florida Law
In the state of Florida laws related to simple assaults are very specific and recognize that an assault has occurred when:
- An individual tries to physically assault or purposely assault other causing simple injuries
- A person accidentally causes fire weapon injuries to another person.
- An individual threats another person causing strong fear of the other person resulting in serious injuries.
Penalties for Simple Assault
In the state of Florida specifically in Miami Dade County certain laws have been established for cases of simple assault, depending on how serious the assault has been. Below is a series of sentences in cases of crime for simple assault in Miami:
- Fine of up to $500
- Minimal jail time of up to 60 days
- Assignment of community service
- Anger management courses
- Probation time
- Revocation of any weapon license
Penalties for Simple Battery against "Special Victims"
Special Victims are identified as the individuals engaged in the performance of their duties, such as school employees, firefighters, medical care providers, law enforcement and police officers and parking enforcement officers. Simple battery against these individuals is a third degree felony and the penalties are a fine amount of up to $5000, probation, up to five years in prison or restitution.
Restitution simply means reimbursing the victim for any expenses arising from the crime such as medical expenses.
Probation means meeting with a probation officer regularly and follow conditions or instructions set by the court. If a person fails to comply with the conditions or requirements of the probation, he/she can be arrested and serve the remaining time of the sentence in jail.
Simple Assault and Domestic Violence
Domestic violence usually comes with simple assault. It is an attack by one family member upon another. It does not involve the use of a weapon and consequently any serious injury occurs.
Assault and battery lawyer in Miami
The seriousness of the offense, mitigation, allocation, your prior record, and the judge are important elements to be considered at the time of sentencing.
Whether you have been arrested for a misdemeanor or a felony assault, you can look at severe penalties. Criminal Defense attorneys attempt to prove either the offending actions were consented or an act of self-defense took place.
The legal assistant of an assault lawyer will provide you with the opportunity to negotiate your charges down to a lower offense or avoid the full force of the penalties.
Assault lawyers defend the case with all the knowledge obtained by legal studies and professional practice to ensure enforces the rights that belong to the defendant. They will look at every avenue trying to find evidence that shows your acts were legal and unintentional.
Gallardo Law Firm and the Criminal Defense Attorney for Simple Assault and Battery Miami
Gallardo Law Firm is conveniently located in Miami, with the services of competent lawyers in immigration and criminal offenses among others. These lawyers advise several people indicted of simple assault or personal intimidation.
Gallardo attorneys know the criminal laws and the judicial system, which is why they work hard on every case. They will work with you and the prosecutor to try to negotiate the best outcome.
Any judicial record can influence your life. That is why our attorneys take personal care with each of their clients to get the best possible results.
Gallardo Law Firm provides representation to individuals facing criminal charges in South Florida. We understand the agony and mental pressure that an accused person of crime experiences, not only the person charged, but the family as well. We will help you with the highest quality representation.