Miami Aggravated Assault Attorney

Aggravated Assault

According to Section 784.021 of the Florida Statutes and the Florida Supreme Court's Standard Jury Instructions in Criminal Cases § 8.2, aggravated assault is:

• The assault was made with a deadly weapon; or
• The assault was made with a fully-formed, conscious intent to commit (the felony charged) upon the victim

The jury instructions may also include: "If the circumstances were such as to ordinarily induce a well-founded fear in the mind of a reasonable person, then the victim may be found to have been in fear. Actual fear on the part of the victim need not be shown." If a deadly weapon was used or threatened, the State does not need to prove the defendant intended to kill.

The law defines a deadly weapon as an object "used or threatened to be used in a way likely to produce death or great bodily harm."

Note: Under F.S. § 777.04(d), attempting aggravated assault but failing or being prevented from completing the act is punishable as a third-degree felony, the same as if the aggravated assault had succeeded.

Penalties for Assault & Aggravated Assault in Florida

Assault is a second-degree misdemeanor in Florida, punishable by up to 60 days in jail and a fine of up to $500. Aggravated assault is a third-degree felony, punishable by up to five years in prison and a fine of up to $5,000.

Improper exhibition of a dangerous weapon or firearm (F.S. § 790.10) carries penalties between those of simple assault and aggravated assault. A violation of this law results in a first-degree misdemeanor, punishable by up to one year in jail and a fine of up to $1,000.

Penalties reach beyond jail or fines. In Miami-Dade County, those convicted can face probation, mandatory anger management classes, or loss of firearm rights. Under Florida law, a felony conviction can affect professional licensing, public housing eligibility, and voting rights. Prosecutors in Miami-Dade pursue these enhancements, especially in cases with weapons or domestic allegations. Early action from a criminal defense attorney may help protect your future.

Possible Legal Defenses for Assault Charges

Not every assault accusation leads to a criminal conviction. If a victim consented, the law recognizes that no crime took place—for example, in sports or consensual contact situations.

Defendants may also assert self-defense or defense of others. The law allows a person to use reasonable force to prevent injury or stop an imminent threat. Self-defense must involve an immediate risk. Florida's stand-your-ground law (F.S. § 776.013) can apply in cases where a justifiable use of force is at issue.

In Miami, understanding local courts’ treatment of self-defense and stand-your-ground arguments is critical. Judges in Miami-Dade require clear documentation and persuasive evidence for these defenses. If police mishandle evidence or violate your rights during arrest or questioning, your attorney may be able to challenge the evidence in court. An effective defense assesses witness accounts, physical findings, and the details of your arrest to identify every viable option under both Florida law and local procedures.

Protect Your Rights with Experienced Assault Attorneys

When facing assault or aggravated assault charges, you need a legal team with deep knowledge and experience. At Hubbs Law, P.A., our assault attorneys in Miami have a strong record defending clients charged with these offenses. We navigate the complexities of Florida’s assault laws and work to protect your rights and present the best possible defense.

Consider these reasons to choose our firm for your assault defense:

• Extensive experience in assault law
• Personalized and strategic defense approaches
• Dedicated and attentive legal representation
• Proven record of successful case outcomes
• Clear understanding of Florida assault laws and legal defenses

We give every case direct attention from an attorney—not just support staff—so clients receive prompt answers and clear legal guidance throughout every stage. Our Board Certified Criminal Trial Law status, recognized by The Florida Bar, shows our ongoing commitment to Miami-Dade County clients who face these serious charges. You benefit from our legal experience and our in-depth knowledge of how local Miami courts and prosecutors operate.

Don't face assault charges alone. Reach out to our firm for a free consultation so we can help protect your rights and your future.

Find an Attorney for Assault or Aggravated Assault Charges in Miami

If you are charged with assault or aggravated assault in Miami or anywhere in Miami-Dade County, contact a criminal defense attorney to discuss your case details.

At Hubbs Law Firm, we defend the rights of clients charged with assault, aggravated assault, or similar offenses throughout Miami-Dade County, including Hialeah, Miami Gardens, Miami Beach, Coral Gables, North Miami, South Miami, Kendall, Homestead, and other localities within Florida’s most populated county.

Our attorneys review possible defenses for assault charges and pursue reductions or dismissals where possible.

Miami’s diverse population and complex legal climate present unique challenges for anyone facing criminal charges. Non-citizens accused of assault or aggravated assault may experience direct immigration consequences, including removal proceedings, if convicted. Because our firm’s criminal defense background includes immigration matters, we can help clients understand the impact of a Florida conviction on their residency or employment eligibility. Our dual experience in criminal and immigration law supports people whose matters touch both courts and federal agencies. Taking swift action throughout Miami-Dade County improves your chances to preserve your legal status and protect your future.

Understanding Miami’s Court Process for Assault & Aggravated Assault Cases

Miami-Dade County processes assault and aggravated assault cases through a network of county and circuit courts, each with specific procedures and timelines. After your arrest, you may appear for a bond hearing with a judge within 24 hours. The judge will set pretrial release conditions, which may include bail, electronic monitoring, or other restrictions. Defendants then attend arraignment, hear the charges, and proceed through stages including discovery, negotiation, and, if necessary, trial.

Miami’s courts frequently encourage resolution through plea discussions and may offer diversion programs in suitable misdemeanor cases. However, local data show that Miami-Dade prosecutors vigorously pursue felony aggravated assault counts—especially when weapons are involved. Partnering with a team that knows local court practices, deadlines, and how prosecutors operate helps keep you informed. Open, ongoing communication with your legal team ensures you receive timely updates and understandable expectations as your case develops.

Call Hubbs Law Firm today at (305) 570-4802 to schedule a free initial appointment to discuss your case.

Additional Resources

• Florida Statutes, Title XLVI, Chapter 784, § 784.011 — Assault — Read the language of the Florida law related to assault.
• Florida Statutes, Title XLVI, Chapter 784, § 784.021 — Aggravated Assault — Read the language of the Florida law related to aggravated assault.
• Florida Supreme Court Standard Jury Instructions for Criminal Cases, 8.1 (Assault) and 8.2 (Aggravated Assault) — Find the exact jury instructions that are given to juries in cases of assault and aggravated assault in Florida.