The founding and managing partner of a Miami law firm has been charged with felony assault for his involvement in a road rage incident on December 18 near the Publix Super Market parking garage at Mary Brickell Village. The police report indicates that attorney Michael J. Diaz Jr. was a passenger in a Lexus, which was obstructing the entrance to a parking garage, when Bracco used his horn and drove around the Lexus. Bracco engaged in a verbal exchange with those in the Lexus.
Witnesses indicated that Diaz got out of Lexus, then opened Bracco's door and started to punch Bracco causing several teeth to become loose and his mouth to bleed. Witnesses also told police that Diaz punched Bracco's girlfriend twice in the chest. According to the police report, officer's noticed a strong smell of alcohol coming from Diaz. Bracco's lawyer, who has also filed a civil suit, said, ". . . Mr. Diaz attacked my client while he sat in his car, dragged my client out of the car to continue the attack and then physically assaulted my client's girlfriend." The police originally charged Diaz with a misdemeanor battery charge but upon investigation the prosecutor's decided to increase the charge to felony assault.
Prosecutors sometime will overcharge an assault case so that an experienced Miami criminal defense lawyer can have the charges reduced or dismissed altogether. However, aggravated assault is a very serious charge, which can result in a jail sentence up to 5 years in jail and a fine of up to a $5000 fine under Florida criminal law. Assault is defined as "an intentional threat by word, or act that seeks to physically harm another, coupled with an apparent ability to do so, which creates a well-founded fear in such other person that such violence is imminent." Aggravated assault is generally an assault with a deadly weapon or with the intent to commit a felony.
Experienced Miami criminal defense attorney John Musca points out that it is common for prosecutors to "overcharge" assault or battery cases. If the prosecutor charges an "aggravated" felony offense an experienced Miami criminal defense lawyer may be able to get the charges reduced to a misdemeanor or dismissed altogether. While there may be additional facts that have not yet come to light, this case may be overcharged, as no allegations have come out that Diaz used a weapon, said Musca.
Musca Law provides the highest quality criminal litigation services to the residents of Miami. Our Miami Criminal Defense Attorneys have successfully tried and defended, and appealed hundreds of cases in both State and Federal courts throughout Florida. These cases include, but are not limited to, felony cases and misdemeanor cases, DUI, drug crimes, domestic violence, theft crimes, sex crimes, probation violations, white collar crimes, violent crimes and motor vehicle crimes.
