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Aggravated Assault

In Florida you can be charged with a felony for threatening another person with a deadly weapon, and proof of an actual injury is not required. The crime of aggravated assault is one of the most overcharged offenses in the state because little evidence is actually required to bring a case. There are numerous instances where an allegation with no supporting evidence is enough to charge a person, but if this happens to you or a loved one you can fight back by hiring and skilled criminal lawyer. Benjamin Herbst is a South Florida aggravated assault lawyer who specializes in defending clients facing charges in Miami-Dade, Broward and Palm Beach County, and also is an experienced Martin and St. Lucie County criminal defense lawyer. He is available 7 days a week to offer a free consultation, and all of his clients are provided with his cell phone number to have direct access to him on nights and weekends. Benjamin understands the stress that accompanies any criminal charge, especially a third-degree felony like aggravated assault, and he always makes himself available to keep his clients at ease. Contact Benjamin any time at (954) 543-0305 to learn how he can fight to protect your freedom and reputation.

Unfortunately, it is easy to charge someone with the offense of aggravated assault, and we have seen many instances where personal motives can influence charges. This is especially true in domestic situations where arguments can get heated and parties can embellish the facts in order to get the other person in more trouble. The bottom line is that law enforcement cannot simply ignore an allegation that a person was threatened with a deadly weapon, and they will always come out to investigate if a call like this is made. Under Florida law assault in defined as an intentional threat to do violence coupled with the apparent ability to carry out the threat. When a weapon is added into the mix the offense goes from a second-degree misdemeanor to a felony. Deadly weapon has a very broad definition under Florida law, and the statutes do not specifically say what constitutes a deadly weapon and what does not. Florida courts have basically said that a weapon that is used or threated to be used in a way likely to cause death or great bodily harm is a deadly weapon. This includes the obvious things such as knives, firearms, machetes, crowbars and baseball bats, but can also include less obvious items such as beer bottles and household tools such as hammers and screwdrivers. If a 911 call is placed for an aggravated assault and the police come out and investigate, an arrest will likely follow if the police find the weapon described in the call. This of course does not mean there has to be physical evidence connecting the suspect to the weapon, which makes false charges common.

Benjamin Herbst is a South Florida aggravated assault lawyer who fights tooth and nail for all clients. He has won jury trials for aggravated assault in the Tri-County area including a recent acquittal for aggravated assault and attempted murder in Miami-Dade County, where his client was facing life in prison for shooting an individual. The jury agreed with Benjamin’s arguments that the shooting was in self-defense and acquitted on all charges. Benjamin has also successfully defended numerous aggravated assault cases in Broward County and Palm Beach County and knows how to navigate around the Fort Lauderdale and West Palm courthouses to achieve the best possible results for his clients. If you or a loved one has been arrested or is being investigated for aggravated assault do no roll the dice by going into court without an expert South Florida criminal defense lawyer. Call Benjamin today at (954) 543-0305 and start fighting back against the state.

Client Reviews
My family and I could not be more grateful for everything you did for me. I truly thought my future would be permanently impacted and I would never be able to join the military or even go to college. Because of your hard work I still have the opportunity to do both. Thank you so much! - T.S.
Hiring you was the best decision I’ve made in a long time. Thank you for supporting me and for your willingness to take the state to trial. Another lawyer may have tried to get me to take a plea, but you were ready to fight from day one. I’m so glad to have this case behind me, and have you to thank for it. - R.D.
I can’t thank you enough for your personal attention to the mess I got myself into. You don't know what a relief it is to be done with this criminal case. I never ever thought I would have been charged with a crime, but having you as my lawyer made the entire situation bearable. You gave me confidence that I would be able to overcome this from day one, and you followed through. Take care of yourself and your family, and thanks again for everything! - S.S.
You never backed down from the state, and you supported my decision to go to trial. Then you delivered in court. I appreciate you Ben. - T.C
I appreciate the hard work you put into my case, and my wife and I can’t thank you enough. Without you I could have lost everything. I’ll never forget what you did for me. - J.B.