Simple Assault Lawyer in Miami, FL

If you or a loved one has been arrested or is under investigation for simple assault in Miami, an experienced assault defense attorney can explain the charge and help protect your rights. You need the counsel of an experienced Miami assault lawyer to guide you through the process and maximize your chances of resolving your case with a favorable outcome.

Possible Punishment for Assault Conviction

Under Florida law, an assault can be charged as a simple assault, a second-degree misdemeanor, or as an aggravated assault, a third-degree felony. This depends on the specific facts of the case. Additionally, both types of assault can be classified as domestic violence depending on the relationship of the parties.

Although misdemeanor crimes are less serious than felonies,  you still can face significant penalties if you are convicted of simple assault, including:

  • A county jail sentence of up to 60 days
  • A fine of up to $500
  • Generally, up to six months of probation; certain cases involving alcohol or drugs may allow up to one year

What is Assault?

The definition of assault is found in Florida Statutes Section 784.011. To prove the crime of assault, the State has to prove three elements beyond a reasonable doubt:

  1.  The defendant intentionally and unlawfully threatened, either by word or act, to do violence to the alleged victim
  2.  At the time, the defendant appeared to have the ability to carry out the threat
  3.  The alleged victim had a well-founded fear that the violence was about to happen based on the defendant’s actions

Intentional Word or Act to do Violence

The State must prove that the defendant intentionally made an unlawful threat of violence directed at another person. An accident or merely reckless conduct is not enough. The State does not have to prove that the defendant intended to carry out the threatened violence. Intent may be inferred from the defendant’s words, actions, and the surrounding circumstances.

Assault does not require physical contact or injury. Simple battery involves intentionally touching or striking someone against that person’s will, or intentionally causing bodily harm. A threat may support an assault charge even when no physical contact occurs, provided the State proves every element of assault.

The threat must also be unlawful. Florida law permits certain threats of force in self-defense or defense of another person. For example, section 776.012 allows a person to threaten nondeadly force when reasonably necessary to defend against another person’s imminent use of unlawful force.

Apparent Ability to Carry Out the Threat

The defendant must appear able to carry out the threat when it is made. This depends on the circumstances, including distance, barriers, and any weapon involved. There is no fixed distance that automatically rules out assault. A threat to retrieve a weapon for a later attack may fail to establish apparent ability or imminent violence.

Well-founded Fear of Imminent Violence

The third element is that your words and/or acts cause the alleged victim to have a well-founded fear that the violence is going to happen in that moment. This element actually contains two separate but related requirements: (1) the defendant has to do an overt act directed at the alleged victim and (2) the act has to create a well-founded fear in the alleged victim that the violence is going to happen then and there.

(1) Overt Act Directed at the Victim

Just because you intend or have the opportunity to commit an assault is not enough. You have to do something physical to demonstrate the threat, and you have to direct it at the person who is in fear. Take the following example. You tell your friend Steve you are going to punch him and make a fist while he is standing next to his girlfriend, Maria. Steve says he was not frightened, but Maria says she was. Whether an assault occurred against either person depends on whom the threat targeted and whether the State can establish a well-founded fear of imminent violence. This is also the case when a physical act is completely lacking.

(2) Well-founded Fear of Imminent Violence

The State must establish a well-founded fear of imminent violence. The judge or jury may infer fear from circumstances that would ordinarily frighten a reasonable person, even without express testimony that the alleged victim was afraid. A denial of fear is relevant but does not necessarily defeat the charge. Ducking an incoming punch may support an inference of fear; it does not automatically establish the element.

There is also the requirement that the alleged victim has to know you are present and be aware that there is imminent violence. For example, if I throw a rock at a person, but their back is to me, and they have no idea that I’m there or that I was about to throw a rock at them, it would be impossible for them to be in fear. They didn’t even know I was there, much less that I threatened them.

Conditional Threats

A conditional threat can support an assault charge. For example, raising a fist while threatening an immediate punch unless someone complies with a demand may meet the elements. A threat of harm at an unspecified future time generally lacks the required imminence. The words and surrounding actions must be considered together.

Defenses to an Assault Charge

Possible defenses to a simple assault charge can include:

  • Self-defense
  • Defense of another person
  • Defense of property
  • The victim lacks a well-founded fear
  • Lack of intent
  • No apparent ability to carry out the threat
  • The threat was not imminent
  • No overt act
  • Stand Your Ground

Contact an Experienced Miami Assault Attorney

Over the years, we have represented hundreds of clients in assault cases. By taking the immediate action of hiring an experienced Miami assault attorney to defend yourself, you are minimizing the chances that your assault case will have lasting consequences for your career, personal life, and reputation.

CALL US NOW for a CONFIDENTIAL CONSULTATION at (305) 538-4545,  or simply take a moment to fill out our confidential and secure intake form.* The additional details you provide will greatly assist us in responding to your inquiry.

Learn more about our criminal defense attorneys’ experience and qualifications.

*Due to the large number of people who contact us requesting our assistance, it is strongly suggested that you take the time to provide us with specific details regarding your case by filling out our confidential and secure intake form. The additional details you provide will greatly assist us in responding to your inquiry in a timely and appropriate manner.

IF YOU ARE MAKING A DECISION ON HIRING A LAWYER FOR A MISDEMEANOR ASSAULT CHARGE, ALWAYS INVESTIGATE AN ATTORNEY’S QUALIFICATIONS TO ENSURE THEY HAVE THE EXPERIENCE AND QUALIFICATIONS TO PROPERLY DEFEND YOU.