Miami Assault Attorneys

Criminal - Assault

An assault is carried out by a threat of bodily harm coupled with an apparent, present ability to cause the harm. It is both a crime and a tort and, therefore, may result in either criminal and/or civil liability. Generally, the common law definition is the same in criminal and tort law.


  • Simple assault
  • Aggravated assault

Assault FAQ
What is the difference between assault and aggravated assault?

Aggravated assault is, in some jurisdictions, a stronger form of assault, usually using a deadly weapon. A person has committed an aggravated assault when that person attempts to: cause serious bodily injury to another person with a deadly weapon. have sexual relations with a person who is under the age of consent.

Is assault and battery a felony or misdemeanor?

Although assault and battery are often related crimes and discussed together, the two are actually distinct offenses. Florida state laws define the two crimes separately. Assault generally refers to the threat of imminent force and battery refers to the unwanted touching of another, typically that which causes bodily injury (but also may include offenses of a sexual nature).

What are the different types of assault?

There are three levels of assault:
1) Simple Assault occurs when an individual Applies intentional force to another person without the other person’s consent. Attempting or threatening, by an act or gesture to apply force. Approaching or blocking the way of another person while openly wearing or carrying a weapon or an imitation of a weapon.
2) When committing an assault, if the individual carries, uses, or threatens to use a weapon, or causes bodily harm the individual is guilty of assault causing bodily harm.
3) Aggravated assault is committed when a person wounds, maims, disfigures, or endangers the life of the victim. Here there is intent to commit bodily harm.

What is difference between felony and misdemeanor assault?

American common law has defined assault as an attempt to commit a battery. Assault is typically treated as a misdemeanor and not as a felony (unless it involves a law enforcement officer). The more serious crime of aggravated assault is treated as a felony.

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Related Practice Categories

Misdemeanor

A misdemeanor is any “lesser” criminal act in some common law legal systems. Misdemeanors are generally punished less severely than felonies, but theoretically more so than administrative infractions and regulatory offences.

Felony

A crime, typically one involving violence, regarded as more serious than a misdemeanor, and usually punishable by imprisonment for more than one year or by death.

DUI

Driving under the influence (DUI) is currently the crime or offense of driving or operating a motor vehicle while impaired by alcohol or other drugs (including recreational drugs and those prescribed by physicians), to a level that renders the driver incapable of operating a motor vehicle safely.

Battery

Battery is a criminal offense involving the unlawful physical acting upon a threat, distinct from assault which is the act of creating apprehension of such contact. … In most cases, battery is now governed by statutes, and its severity is determined by the law of the specific jurisdiction.

Domestic Violence

Domestic violence can take many forms, including physical aggression or assault (hitting, kicking, biting, shoving, restraining, slapping, throwing objects, beating up), or threats thereof; sexual abuse; controlling or domineering; intimidation; stalking; passive/covert abuse (e.g., neglect); and economic deprivation.

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