If you are facing assault charges in Miami, a conviction can have serious consequences for your future. The potential outcomes include jail time, significant fines, and a permanent criminal record.
Therefore, it is essential to seek skilled legal assistance from a Miami assault attorney to protect your rights and freedom. At Stroleny Law, we provide aggressive defense strategies tailored to your specific situation.
We understand the challenges of assault cases.
Request a Free Case Evaluation
The Stroleny Law Advantage
Stroleny Law has developed a solid reputation in Miami criminal defense.
Our office is located near Maurice A. Ferre Park, the River Front, and the Lummus Park Historic District. Established by Julian Stroleny in 2014, our firm offers a fresh approach to criminally defending clients. This defense strategy is based on Mr. Stroleny’s background as a former prosecutor with the Miami-Dade State Attorney’s Office.
Our strategy offers empathetic client services and strong advocacy. Our team will walk you through every phase of the legal process. We know being charged with assault can be stressful.
Our team’s experience managing various criminal matters, including DUI, drug charges, and domestic violence, allows us to realize better results for our clients.
Defining Florida’s Assault Charges
In Florida, the nature of assault charges can vary significantly based on the circumstances of the incident, ranging from misdemeanors to major felonies. Simple assault is typically a second-degree misdemeanor.
In contrast, aggravated assault involving a deadly weapon or the intent to commit a felony is charged as a third-degree felony. The severity of these charges can heavily influence potential fines and the strategy used for defense.
According to Florida Statute § 784.011, assault is defined as an intentional and unlawful threat made through speech or actions, accompanied by the apparent ability to carry out that threat. The threat instills a well-founded fear of imminent violence in another person. Florida law recognizes several forms of assault:
Simple Assault Penalties
Simple Assault (Second-Degree Misdemeanor): Again, this basic form of assault involves a credible threat of violence without any physical contact. A conviction may lead to 60 days in jail and six months of probation.
Aggravated Assault Punishments
Penalties for this charge can include up to five years in prison, five years of probation, and a $5,000 fine. The penalties can be more severe if the victim belongs to a protected group, such as law enforcement officials, medical professionals, or the elderly.
Felony Battery
If actual physical contact occurs and results in injury, the charge may escalate to felony battery, which carries potential fines of up to $5,000 and a maximum five-year prison sentence.
Aggravated Felony Battery
The most serious form of offensive behavior is an aggravated battery, which involves intentionally causing great bodily harm, permanent disability, disfigurement, or using a dangerous weapon. This is a second-degree felony, with penalties ranging from $10,000 fines to 15 years in prison.
Other Consequences of Getting Charged with Assault and/or Battery
Beyond direct criminal penalties, an assault conviction can lead to additional consequences, such as:
- Mandatory anger management courses
- Issuance of restraining orders
- Loss of gun rights
- Immigration repercussions for non-citizens
- Suspension of professional licenses
- Required restitution to victims
- Challenges in securing housing or employment
- Effects on child custody decisions
Constructing an effective defense requires understanding these legal nuances and potential outcomes, making informed legal knowledge highly valuable. A competent defense counsel might help you avoid a conviction by getting your charges dismissed.
How Stroleny Law Can Help
We’ll carefully review the factors of your case, interview witnesses, and scrutinize police reports to find constitutional infractions or discrepancies supporting your argument.
From the time of the arrest, until your case is closed, we will support your rights – ensuring that law enforcement and prosecutors will uphold your constitutional privileges. This includes contesting any incorrect method of gathering evidence or noting procedural infractions.
Creating a Strategic Defense
Every attack scenario is different, and we create customized defense plans depending on the specific situation. This may call for assertions of self-defense, the defense of others, or contesting the credibility of witnesses.
Often, we can work with prosecutors to reduce charges or punishments before a trial. Our founder, Julian Stroleny, has prosecutorial experience, so he has a special insight into how the state develops a case, which we can also use for plea deals and bargaining.
Possible Consequences of Assault Charges
An assault conviction has consequences that go far beyond immediate legal fines. You can experience:
- Prison: For aggravated assault, your sentence might run from five years, depending on the seriousness of the allegations.
- Conviction results in a permanent criminal record that can compromise your professional licenses, applications for housing, and job prospects.
- For non-citizens, an assault conviction can cause deportation or rule out the possibility of getting citizenship.
Beyond the legal repercussions, an assault conviction can sour ties with others and harm your personal and professional reputation.
Our Defense Methods
At Stroleny Law, we apply several defensive techniques. Common defenses in assault cases consist of the following:
- Self-Defense: Your actions might be justified as self-defense if you reasonably felt at risk of injury.
- Defense of Others: Like self-defense, shielding another person from an impending injury can help to explain your behavior.
- Lack of Intent: Assault calls for deliberate behavior. We may contend that any threatening behavior was inadvertent.
Sometimes, we can contest a witness’s identification or show you were elsewhere during the stated attack.
Should law enforcement abuse your rights during an investigation or an arrest, we may have the charges dropped or the evidence suppressed.
The Criminal Defense Process
Working with Stroleny Law helps you get through every phase of the legal process:
- First, we review your case, clarify your rights, and discuss possible defenses.
- Our staff looks over the facts of your case closely, compiling evidence and locating witnesses.
- We file suitable motions to suppress evidence, dismiss charges, or otherwise bolster your case.
- When appropriate, we negotiate pleas for the best possible outcome for your circumstances.
- Should your case proceed to trial, we painstakingly create your defense—including evidence presentation and witness preparation.
Why Use Stroleny Law?
Our law firm stands out for five key reasons:
- Former state prosecutor Julian Stroleny knows how the prosecution develops cases, which can benefit your defense.
- We treat every client with dignity and respect, ensuring that you are informed and engaged in every decision that influences your case.
- Our experience managing different criminal cases shows we can help our clients get good results.
- Our clients gain from our proximity to Miami’s courts and knowledge of local judges and prosecutors.
- We have open lines of contact with our clients and are here to help with issues throughout your case.
Why You Should See an Assault Lawyer
Hiring a seasoned criminal defense attorney will greatly affect the outcome of your case when facing assault charges in Miami. At Stroleny Law, we know that having a competent lawyer by your side can lead you to better results and protect your rights.
The Detailed Nature of Assault Cases
Cases involving assault are rarely simple. What may seem like a minor misinterpretation might rapidly become grave criminal accusations with long-lasting effects. These cases can feature contradicting witness accounts, questions regarding self-defense, and detailed legal rules requiring professional direction. An experienced assault attorney knows these subtleties and how to create a personal defense plan.
Competent Legal Direction and Help
An assault charge might cause immediate confusion and concern. For example, you can unintentionally say or act without appropriate legal direction, thereby compromising your defense. From the start, a competent assault attorney intervenes to safeguard your rights, assuring you do not find yourself in this challenging position alone.
How an Assault Lawyer Constructs Your Defense
Your assault attorney becomes your strategic partner and advocate throughout the court process. First, Stroleny Law will scrutinize your case. Again, this review covers compiling and evaluating data, contacting witnesses, reading police reports, and reviewing any existing security film. We search for contradictions in witness accounts, seek proof of self-defense, or consider any constitutional infringement resulting from your detention or inquiry.
Each case has conditions we can use to defend your charge. Maybe you were misidentified as the aggressor in a chaotic scene, or you were defending others or yourself.
Your attorney will closely review these facts to pinpoint the best defense plans for your situation. Again, this might involve contesting witness credibility, offering proof of self-defense, or proving—by a reasonable doubt—that the prosecution cannot establish all the factors of the assault allegation.
Negotiating with Law Enforcement Authorities: How We Can Help
Managing discussions with prosecutors is one of the most valuable skills a defense lawyer offers. Julian Stroleny, a former prosecutor, understands how the state develops its cases. This experience helps us negotiate from a strong posture and foresee the prosecution’s tactics.
Before ever coming to trial, an attorney can settle an assault case through competent negotiation. Your lawyer might:
- Get prosecutors to reduce their charges.
- Negotiate over other forms of punishment.
- Suggest diversion programs
- Get a dismissal of charges if the evidence is insufficient.
- Reduce the charge to a minor offense.
Negotiations led by a reputable defense counsel who knows the legal system and has a history of successful case resolutions are more likely to be taken seriously by prosecutors.
Retaining Your Constitutional Rights
Your constitutional rights do not stop with an assault charge. An experienced defense attorney guarantees these rights are protected through the court system and process. This advocacy covers your rights to keep silent, to have legal counsel, and to be free from unjustified searches and seizures.
Your attorney will examine every element of your case, looking for possible constitutional abuses. Were your rights adequately explained to you? Was proof gathered legally? During your questioning and arrest, did the correct protocols apply? Should violations occur, your attorney can seek motions to suppress evidence or possibly have the charges dropped.
How an Assault Conviction can Affect Your Life
Beyond mere legal sanctions, an assault conviction can have far-reaching effects. A reasonable defense attorney seeks to minimize these possible effects on your life and helps you face them more positively. The impact of an assault conviction may affect:
- Long-term Employment: Many companies conduct background checks. Thus, an assault conviction can make it challenging to get or keep a job, particularly in related areas.
- Professional Licensing: Should your employment be in a licensed field, an assault conviction can compromise your qualifications.
- Housing: Landlords routinely perform background checks. Therefore, a criminal past can compromise your chances of finding a place to live.
- Education: A few colleges consider criminal histories while deciding who to admit.
- Future Legal Matters: If you are charged with any future crimes, a conviction can lead to increased fines and jail time.
Knowing these possible outcomes guides the legal strategy for defense plans and plea negotiations. Your attorney will evaluate all possibilities for a successful defense.
Negotiating with the State
Before ever going to trial, an attorney can try to settle an assault case. Your lawyer may:
- Get the state to lower fees.
- Bargain for other punishments.
- Get you into diversion programs
- Drop charges if the evidence is weak
Preparing for Trial
Should your case proceed to trial, you will want an attorney with extensive courtroom experience. Trial advocacy requires honed skills, an understanding of evidentiary regulations, jury selection, cross-examination methods, and convincing arguments. Every case we handle at Stroleny Law brings years of trial skills and experience.
Examining Costs and Benefits
Given the possible fallout from an assault conviction, professional legal counsel is an investment in your future. Usually, the expenses of a sentence—financial and personal—far outweigh what you pay for legal representation.
The Value of Local Legal Connections
Local knowledge counts in a criminal defense. At Stroleny Law, we are familiar with Miami’s court system, know the local prosecutors and judges, and understand how cases usually go across the local court system. This understanding helps us better foresee possibilities and obstacles in your situation.
Mental Peace
The peace of mind an assault attorney offers is one of the most important advantages of retaining legal help. Legal representation lets you concentrate on your life while your attorney manages the legal details. You will have someone to guide you through significant decisions, clarify your choices, and address your questions.
At Stroleny Law, we value keeping open lines of contact with our clients. We check to make sure you grasp every stage of the legal process. We will also update you on your case status. This openness lets you decide on your defense and anticipate the next phase of your case.
Don’t Wait – Call Stroleny Law Now About Your Assault Defense Now
If you are accused of assault in Miami, feel free to seek legal counsel. Talking to a seasoned defender makes sense. To arrange a consultation, phone Stroleny Law at 786-481-4129.
Again, you can find us at 66 West Flagler, Suite 1005, Miami, FL 33130. Call us right away. We are here to defend your rights and fight for the best outcome in your case.
