Assault Attorney in Miami

Immediate Help & Guidance from a Miami Assault Lawyer

If you or a loved one faces assault charges in Miami, acting quickly and seeking the support of an experienced assault attorney can make all the difference. At the Law Office of Armando J. Hernandez, P.A., we focus our full attention on your case from the start, giving you the guidance and advocacy you need to move forward. 

Because timing matters, our clients benefit from immediate case assessments with a seasoned Miami assault lawyer. Our approachable team is available 24/7. Right from our first conversation, we build a plan suited for your unique circumstances and the Miami-Dade court process, so you never lose time.

Contact an experienced assault attorney in Miami. Call (305) 400-0074 or fill out this online form for your free consultation. ¡Hablamos español!

Understanding Florida Assault Laws

In Florida, the law distinguishes clearly between Assault (a threat of violence) and Battery (actual violence or touching). Understanding this distinction is key to your defense.

Simple Assault (Florida Statute § 784.011)

Simple Assault is classified as a Second-Degree Misdemeanor. A person commits Assault when they make:

• An intentional, unlawful threat by word or act to do violence to another person.
• Coupled with an apparent ability to carry out the threat.
• And the act creates a well-founded fear in the victim that violence is imminent.

Note that no physical contact is required. The entire crime rests on the threat and the victim's reasonable fear. A strong Miami assault defense lawyer challenges the subjectivity of that fear.

Aggravated Assault (Florida Statute § 784.021)

This is a much more serious charge—a Third-Degree Felony—and occurs when the simple assault is committed:

• With a deadly weapon without intent to kill; OR
• With the intent to commit a felony.

If a deadly weapon is involved, the State does not need to prove the weapon was actually used, only that it was present and used to create fear.

Penalties and Collateral Consequences of Assault Convictions

The penalties for Assault charges escalate rapidly, demanding precise legal defense.

Direct Criminal Penalties

• Simple Assault (Misdemeanor): Up to 60 days in county jail and a $500 fine.
• Aggravated Assault (Felony): Up to five years in state prison and a $5,000 fine.
• 10/20/Life Statute: If a firearm was discharged or used in the Aggravated Assault, mandatory minimum prison sentences apply under Florida's 10/20/Life law.

Collateral Consequences in Miami

• Felony Record: An Aggravated Assault conviction is a felony record that permanently damages employment prospects.
• Loss of Civil Rights: Loss of the right to own firearms and vote until rights are restored.
• Restraining Orders: Often, the arrest leads to a separate civil injunction (restraining order) that can impact housing and child custody.

Our Comprehensive Approach to Assault Defense

At the Law Office of Armando J. Hernandez, P.A., we provide a defense strategy built on elite experience and absolute client support.

We are former prosecutors—this is our core strategic advantage. We know the thresholds the State Attorney's Office uses to prove Assault and Aggravated Assault, giving us the foresight to negotiate from a position of strength.

Our firm offers unmatched client support: we offer 24/7 availability, free consultations and bilingual services in English and Spanish. This ensures you have access to a skilled Miami assault defense lawyer immediately and clearly understand every facet of your case, regardless of your native language.

Defense strategies we utilize as your assault attorney in Miami:

• Self-Defense/Defense of Others: Asserting the Stand Your Ground defense, arguing the threat was justified.
• Lack of Well-Founded Fear: Proving the victim's fear was not reasonable or well-founded, which destroys a core element of the charge.
• No Apparent Ability: Arguing that the circumstances prevented the accused from having the "apparent ability" to carry out the threat.
• Mistake of Fact: Proving the accused lacked the specific criminal intent to threaten violence.

Why Choose Our Assault Lawyer Services in Miami

Choosing the right criminal defense lawyer in Miami means finding someone who not only understands the law but also cares about your future. Our boutique criminal defense firm blends hands-on, personalized service with knowledge gained from over twenty years of Florida criminal law practice. 

Led by former prosecutor Armando J. Hernandez, we offer a distinct advantage—insight into how prosecutors build cases and where they make mistakes. Throughout the process, we keep you informed, answer every call, and work around the clock so you never feel left in the dark.

• Direct guidance from a former prosecutor: We understand both sides of the courtroom, which helps us anticipate potential challenges early.
• Boutique approach with full attention on your case: Our size means every client receives focused, tailored defense—not just case numbers.
• Over twenty years of Miami criminal defense experience: We know local courts, judges, and case strategies used in Miami-Dade County assault cases.
• Round-the-clock availability in English and Spanish: We stay accessible, no matter the hour—so you always have support when you need it.
• Recognized by top legal organizations: Our track record and honors reflect our commitment and knowledge in criminal defense.

Call (305) 400-0074 day or night—our team is ready to answer in English or Spanish. Take control now by contacting the Law Office of Armando J. Hernandez, P.A.