Criminal Assault FAQs

What is Criminal Assault?

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.

Do I need a Miami criminal defense lawyer for an assault case?

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.

How is assault defined?

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.

Is aggression and assault the same?

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.

What are some defenses for an assault charge?

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.

How can self-defense be used in a criminal assault case?

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?

What are the consequences of an assault conviction?

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.

How is a misdemeanor charge different from a felony charge?

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.

Does sexual generally involve the use of a weapon?

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.