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An Aggravated Assault is a third degree felony punishable by up to five (5) years in prison. Contrary to popular belief, an aggravated assault with a deadly weapon does not necessarily imply the use of a firearm. Second and first degree felonies are punished more severely than third degree felonies, and if someone possesses or uses a firearm during the commission of an aggravated assault, the offender is subject to enhanced penalties. Attorney for Aggravated Assault with Deadly Weapon in Tampa, FL. 07(1)-(2); - You knew the person was one of the above; and. Other collateral issues, such as injunctions, restraining orders, or no contact orders can accompany an assault charge. If they laughed at the threat or it's shown that a reasonable person would not have thought the actor was going to do a violent act upon them, there might have been no actual fear. Telling someone to "back off" while swinging a baseball bat.
A Tampa aggravated assault lawyer can help you in the instance that this happens. Our attorneys fight assault cases that involve the use of a deadly weapon. A police officer ordered the juvenile to follow his mother's instructions and get in the car, but the juvenile refused and pushed the officer away. As long as your actions cause the fear of immediate harm or death in the alleged victim, you can be criminally prosecuted for assault. In addition, if the individual assaulted the victim with the intent of committing another form of a felony, he could face aggravated assault charges in Florida. What is aggravated assault in florida department. A misdemeanor for discharging firearms in public under Florida Statutes 790. Early Termination of Probation. He has been through enough aggravated assault cases to know what to look for, what not to overlook, and how to find and present the evidence that gives you the best opportunity to avoid conviction if possible, and to minimize the sentence if it's not. Under Florida law 784. On the 911 recording, the voice of the alleged victim could be heard repeatedly threatening Attorney Hardy's client and demanding Attorney Hardy's client come and fight him.
Learn how we got Aggravated Assault Charges and Battery case dropped with no charges in Miramar, Florida. There's also a category of "special victims" who don't need to be performing their professional duties at the time of the assault. Aggravated Assault With a Deadly Weapon in Orlando | Gun Charges. So, if you threaten to hit someone with a baseball bat, but you don't have a baseball bat, then it is unlikely that you have the ability to carry out the threat at the time. Instead, the crime is focused on the threat of violence by putting another person in fear. Differences in Assault vs. Nor do they have to show that you made physical contact with or caused harm to the alleged victim. A score sheet is used for felony charges, and points are given to calculate an appropriate sentence.
Self-defense requires a showing of an immediate threat. Depending on the circumstances of the case, an aggravated assault could result in severe penalties. During his years as an Orange County prosecutor, he picked up valuable skills, including the knowledge of how the State approaches when prosecuting aggravated assault cases. Read on to find out more about aggravated assault sentencing in Florida, potential penalties, common defenses, and how a violent crime lawyer at the law offices of Meltzer & Bell, P. A. can help. The law recognizes several defenses to the crimes of assault and aggravated assault. You need to review their educational background, experience in criminal cases, their reputation in the community, and their ability to communicate with you, the client. Battery starts as a felony and becomes more severe as additional elements receive consideration from the court. What is aggravated assault in florida 2022. At Adams & Luka, we take a dedicated and aggressive approach in defending clients charged with aggravated assault, using our skill, experience, and knowledge to obtain positive results. Under the Florida Stand Your Ground Law a person is justified in threatening deadly force if he or she reasonably believes that using such force is necessary to prevent imminent death or great bodily harm to himself, herself, or another or to prevent the imminent commission of a forcible felony. The five attorneys at Sammis Law Firm help our clients aggressively fight firearm charges and other crimes of violence involving possession of a weapon. Possible defenses for assault with a deadly weapon include, but are not limited to: - Conditional threat: The prosecutor must prove an imminent threat existed against the other person. The quality of the criminal defense attorney you hire to defend your Aggravated Assault on a Law Enforcement Officer case is extremely important.
Community control, house arrest or supervised probation. Parikh Law, P. Can Help! No reasonable fear: The alleged victim must have had a credible fear of being harmed. Effective July 1, 2016, the Florida Legislature enacted legislation to eliminate the minimum mandatory prison sentence for aggravated assault with a firearm. What is an aggravated assault charge. Hubbs Law Firm is experienced in defending assault and aggravated assault charges in the Miami area. As stated in Johnson v. Brooks, 567 So. Tampa Criminal Defense Attorney David C. Hardy is a former prosecutor that now represents persons accused of aggravated assault. Depending on the circumstances of your alleged offense, such as whether a firearm was involved, a good lawyer can argue for mitigated charges, like negotiating your second degree felony down to a third degree charge. We fight these cases throughout Hillsborough County and Pasco County, including the surrounding areas in Hernando County, Pinellas County, and Polk County, FL. College Student Hearings.
In order for the State to bring a charge of Assault on a Firefighter, the victim must have been engaged in the lawful performance of his or her duties at the time of the assault. An aggravated assault occurs when there is an assault but where certain aggravating circumstances are present. Even if it is your first offense, prosecution on these types of cases is extremely rigid. How to Beat Aggravated Assault Charges in Florida. US Federal Offenses. How Can You Be Charged with Assault with a Deadly Weapon. Lawyers for Aggravated Assault with a Weapon in Tampa, FL.
If the circumstances were such as to ordinarily induce a well-founded fear in the mind of a reasonable person, then the victim may be found to have been in fear, and actual fear on the part of the actual victim need not be shown. As dedicated aggravated assault lawyers, we understand the serious consequences you may face if found guilty of this offense.