When a person is charged with criminal assault in Broward County or Miami-Dade County, the State’s Attorney may charge the defendant with the more serious criminal offense of aggravated assault by attempting to prove that the assault was made with a deadly weapon or simply that the defendant had the intent to commit a felony. To prove the criminal violation of Assault, the State Attorney must prove beyond a reasonable doubt that the criminal suspect intentionally and unlawfully threatened, either by word or act, to do violence to the victim, that at the time, the criminal suspect appeared to have the ability to carry out the threat, and that the act of the criminal suspect created in the mind of the victim a well-founded fear that the violence was about to take place. To prove Aggravated Assault, the State Attorney must also prove beyond a reasonable doubt that the assault was made with a deadly weapon, and that the assault was made with a fully-formed, conscious intent to commit a crime upon the victim. A weapon is a “deadly weapon” if it is used or threatened to be used in a way likely to produce death or great bodily harm. It is not necessary for the State Attorney to prove that the criminal suspect had an intent to kill. Keep in mind that prosecutors, whether in Miami Dade County, Fort Lauderdale, or any other part of Florida, are the state’s criminal lawyers, and they make the decision of whether to file a criminal charge. Having a Miami Aggravated Assault Attorney speak with the state attorney before he or she decides whether to file charges can turn out to be a wise decision. Your criminal attorney possibly can convince the prosecuting attorney to decline to prosecute you. Another option the prosecutor may choose after speaking to your criminal lawyer is a lesser charge.
Criminal Defense Attorney Kenneth Hassett, who predominantly practices in Miami, Fort Lauderdale, and other parts of Broward County and Miami Dade County, has the skill and experience to advocate for any person charged with Assault or Aggravated Assault. Call for a free consultation 24 hours per day seven days per week. Below is the current Florida Statue that prosecuting attorneys in Broward County, Miami-Dade County, and anywhere else in Florida use to prosecute persons charged with Assault or Aggravated Assault.
The information on this page does not represent legal advice. Florida Statues obtained from Online Sunshine, www.leg.state.fl.us, the official site of the Florida Legislature. Because the law is continually changing, some of the provisions contained herein may be out of date. It is always wise to seek counsel from an experienced Fort Lauderdale Aggravated Assault Lawyer like Kenneth Hassett.
If you have been charged as an Accessory After the Fact or a Principal in the First Degree to a criminal offense in Broward or Miami-Dade County, call Criminal Defense Attorney Kenneth P. Hassett.