Miami Assault & Battery Lawyer

Aggravated Assault Defense Backed by Over 20 Years of Florida Criminal Law Experience

Assault is defined by Florida law as “an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.”

An aggravated assault charge is a more serious matter than a simple assault. Under Florida Statutes section 784.021, aggravated assault is defined as an assault committed either with a deadly weapon without intent to kill, or with intent to commit a felony. That distinction matters: the charge doesn’t require that anyone was physically harmed or that you intended to kill. The facts surrounding the alleged threat, the object involved, the apparent ability to carry it out, and the alleged intent can all affect how the charge is evaluated and how a defense is built.

At Law Office of Armando J. Hernandez, P.A., our aggravated assault defense attorneys in Miami bring both sides of the courtroom into focus. Attorney Armando J. Hernandez is a former prosecutor with over 20 years of legal experience in Florida criminal law. That background shapes how we analyze the prosecution’s approach and where it may be challenged. Our boutique firm keeps caseloads manageable so clients receive direct attorney attention, consistent communication, and informed representation from the start.

Call us at (305) 400-0074 or schedule a consultation to discuss the allegation and your next steps.

Understanding Assault & Battery Charges

Florida law treats assault and battery charges as separate offenses with different elements and consequences. Simple assault, aggravated assault, simple battery, felony battery, aggravated battery, and battery on a law enforcement officer all carry different penalties and legal implications.

Our Miami assault and battery defense lawyers examine the alleged conduct, required intent, claimed injury, any weapon allegation, and the identity or status of the alleged victim. We then explain the charge, evaluate the available evidence, and keep you informed as the case proceeds.

Florida assault and battery offenses include:

• What is Simple Assault? A simple assault is a second-degree misdemeanor, and it is punishable by up to 60 days in jail.
• What is Aggravated Assault? Aggravated assault is a third-degree felony. A conviction may be punishable by up to five years in prison.
• What is Simple Battery? The offense of battery occurs when a person actually and intentionally touches or strikes another person against the will of the other, or intentionally causes bodily harm to another person. Simple battery is a misdemeanor of the first degree, and it is punishable by up to one year in jail.
• What is Felony Battery? A person commits felony battery when they actually and intentionally touch or strike another person against the will of the other and cause great bodily harm, permanent disability, or permanent disfigurement. A person who commits felony battery is committing a felony of the third degree, and it is punishable by up to five years in prison.
• What is Aggravated Battery? A person commits aggravated battery when, in committing battery, they intentionally or knowingly cause great bodily harm, permanent disability, or permanent disfigurement, or use a deadly weapon. A person who commits aggravated battery is committing a felony of the second degree, and it is punishable by up to 15 years in prison.

Common Defense Issues in Aggravated Assault Cases

Aggravated assault concerns an alleged threatened act rather than completed physical contact. Potential defense issues can include self-defense, defense of others, lack of the required intent, lack of an apparent ability to carry out the threat, a conditional statement, the absence of well-founded fear, and stand-your-ground considerations under Florida law.

Relevant evidence typically includes witness accounts, messages or recordings, surveillance footage, police reports, physical evidence, and the circumstances of any questioning or arrest. Whether any of these defenses applies depends on the specific facts, the charge language, and the applicable provisions of Florida law. Attorney Hernandez’s experience as a former prosecutor informs how we evaluate that evidence and anticipate how the state may present its case. We work with each client individually to build a strategy grounded in the evidence and applicable law.

Related Battery Charges & Penalty Enhancements

Battery Involving a Law Enforcement Officer

Under Florida §784.07, battery involving a law enforcement officer may carry enhanced penalties. Whether an enhancement applies depends on the charged offense, the protected person’s status, and whether that person was lawfully performing official duties.

Protected law enforcement and correctional personnel include:

• Officers of law enforcement
• Correctional officers
• Correctional probation officers
• Auxiliary law enforcement officers
• Auxiliary correctional officers
• Any county probation officers
• Employees or agents of the Department of Corrections who supervise or provide services
• Officers of the Parole Commission
• Law enforcement personnel of the Fish and Wildlife Conservation Commission, the Department of Environmental Protection, or the Department of Law Enforcement

Florida law may also enhance assault or battery charges involving:

• A law enforcement officer
• A firefighter
• An emergency medical care provider
• A traffic accident investigation officer
• A traffic infraction enforcement officer
• A parking enforcement specialist
• A security officer working for the board of trustees of a community college, while the officer is occupied in the lawful routine of his or her duties

Potential penalty enhancements include:

• Battery on a police officer is a third-degree felony, which is punishable by up to five years in state prison.
• Aggravated battery charges on a law enforcement officer escalate from a second-degree felony to a first-degree felony, punishable by up to 30 years in prison.
• Under Florida law, a mandatory minimum sentence of five years applies upon conviction for aggravated battery on a law enforcement officer.

Can Someone Be Charged with Battery but Not Assault?

Yes. Battery generally involves intentional, unwanted physical contact or intentionally causing bodily harm, while assault concerns a threat that creates a well-founded fear of imminent violence. Because the offenses have different elements, a person may be charged with battery even when the alleged conduct doesn’t constitute assault.

For example, an unexpected attack from behind may involve unwanted physical contact without a preceding threat that placed the alleged victim in fear of imminent violence.

Discuss Your Aggravated Assault Case with Our Miami Defense Team

We provide individualized representation informed by former-prosecutor experience and more than 20 years in Florida criminal law. Our team is available around the clock, offers services in Spanish, and keeps clients informed throughout their cases.

Call Law Office of Armando J. Hernandez, P.A. at (305) 400-0074 to schedule a free consultation and speak with our team about your next steps.