Coral Gables Assault Lawyer

When you are charged with assault, you may not know what legal options you have available to you. However, with the right defense strategy, you may be able to limit the charges brought against you so that they do not impact your life. A dedicated Coral Gables assault lawyer from Shirazi & D’Escoubet Law Group is prepared to advocate for you.

An experienced criminal defense attorney could review all the available evidence and help guide you through the criminal justice. Whether negotiating with the prosecutor or arguing in front of a jury, a tenacious lawyer from our firm could ensure your voice is heard.

No Touching Needed

The words assault and battery sound familiar to most people as they are commonly linked. However, the words have separate and different meanings under the law. Simply, assault is the threat of violence against another person, while battery is the actual touching or harming of the person.

Florida Statutes § 784.011 states that assault is a threat by word or act to inflict harm on another and an apparent ability to do so. By that definition, an assault charge does not need any physical harm, only the threat of harm. Fighting words or a raised fist could be considered a threat. However, it is the ability to act on those threats that could result in assault charges. An experienced Coral Gables assault attorney could help defend a person against assault accusations for merely saying words with no ability to act on them.

Misdemeanor and Felony

State law classifies assault as a second-degree misdemeanor with possible penalties of up to 60 days in jail and a $500 fine. However, state law also considers a higher level called aggravated assault. This is when the threat of violence is committed with a deadly weapon, such as brandishing a gun.

Threatening with a deadly weapon escalates the charge to a third-degree felony, which has more severe consequences than a misdemeanor. The penalties for a third-degree felony could include five years in jail and a $5,000 fine.

What can be considered a deadly weapon is unclear and could be up to interpretation. The police could view any object as lethal and bring aggravated assault accusations. A Coral Gables lawyer with expert knowledge could defend a person against an escalated assault allegation.

Customized Defense

All criminal charges are different and rely heavily on specific facts. Police and courts consider all circumstances and actions when accusing someone of assault, such as words used, actions taken, and objects in their hands. The police have the time and resources to investigate all possible angles, and everything is on the table.

A Coral Gables assault attorney could perform a detailed investigation to ensure all available evidence is accounted for. Were the words violent or just mere words? Was it a raised hand and not a fist? Was the object deadly? A dedicated lawyer could look at all circumstances and determine a proper course forward.