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Important facts in your case to consider are: - Is there a lack of evidence or a conflict in the evidence? One state's aggravated assault charge could be equivalent to another state's battery statute. However, penalties can be harsher depending on different factors. Attorneys E. & Erika Hubbs. 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. I examine each aggravated assault with a firearm case for a lack of evidence or conflict in evidence that would support not filing formal criminal charges. If you have been charged with this crime, there is much that a knowledgeable attorney can do to get your charges dismissed, alleviate Court penalties, or raise affirmative defenses. Note: Under F. What is aggravated assault in florida travel information. 04(d), attempting to commit an aggravated assault but failing or being prevented from carrying out the aggravated assault is punishable as a third-degree felony, the same charge and penalties as if the aggravated assault had been carried out. Finding a Lawyer for Aggravated Assault in Tampa, FL. So if you threaten someone with violence, that could be sufficient. What Is a Deadly Weapon?
The penalty rises to a misdemeanor in the first degree, and which intern faces harsh fines and possible jail time. If you're under investigation, and/or have been arrested and charged with this offense, call our aggravated assault attorney in Miami today: 305. Aggravated Assault on a Law Enforcement Officer, Firefighter, Etc.
How Can You Defend Against Charges? Retaining legal representation early on could help you reduce your charges. If a jury, or in the case of a bench trial, the judge, were to find that there was a reasonable doubt as to whether or not a person was justified in using an Aggravated Assault on a Firefighter to protect himself or herself, then the jury or judge should find the person not guilty. Always responded quickly to any questions I had. Aggravated Assault Florida: Laws, Penalties & Defenses. Because at the time of the aggravated assault the firefighter was not engaged in the lawful performance of his duties, Person B can't be convicted of Aggravated Assault on a firefighter. Another enhancement applies if a firearm of those types was discharged during the crime. So, you can get convicted for aggravated assault if you assault a security guard before robbing a drug store. 021, is the placing of another in fear by using a deadly weapon or with an intent to commit a felony. Were any of your statements illegally obtained? Give us a call today: See all locations Rossen Law Firm practices Assault & Battery Defense. A person accused of assault may also be able to successfully claim self-defense or the defense of another or others.
Your record will permanently reflect your felony conviction and make it hugely difficult to do things like buy or rent a home, be granted financial aid for school, gaining employment and many other things. If you have been accused of a aggravated assault with a firearm, Call us: Experienced Criminal Defense Attorney 904-642-3332 (Jacksonville) or contact us online. Our legal team represents people from all over Miami-Dade County, including Miami Beach, Coral Gables, Hialeah, Miami Gardens, Homestead, The Hammocks, Cutler Bay, North Miami and South Miami, as well as other cities and communities throughout Greater Miami. The trend holds in Miami-Dade County, where FBI Unified Crime Reporting (UCR) statistics reveal that there were 4, 664 aggravated assaults in 2011 among 6, 913 violent crimes (67 percent). In the case of D. J. D. State, 143 So. Other objects, such as a baseball bat, wrench, or frying pan, might be classified as deadly weapons, depending on how the item was used. Due to the drastic consequences, which could stick with you for a lifetime, it is vital to have a learned defense attorney who is wholeheartedly committed to securing the best viable outcome that can be obtained for you. Actions Involved in Aggravated Assault With a Deadly Weapon in Florida. Thus, their claim of aggravated assault is petty and unreasonable because they didn't feel threatened. Your initial consultation is free. Second are instruments that were developed for some purpose other than causing harm. How to beat aggravated assault in florida. We also have offices in New Port Richey across from the West Pasco Judicial Center and in Clearwater across from the Criminal Justice Center (CJC) courthouse. Learn about state laws and your legal options when accused of aggravated assault. Florida law categorizes aggravated assault as a third-degree felony that can result in up to five years imprisonment, a $5, 000 fine, and/or probation.
For instance, a judge in an aggravated assault case can sentence a defendant to 5 years in prison and 10 years on probation. While celebrating with family and friends at a Public Park in Seminole County, a fight broke out among various people. Prior to going into private practice in criminal defense, Attorney Parikh spent time as a prosecutor. What's Assault vs Aggravated Assault in Florida. After gathering statements from witnesses, Tom was able to present a strong argument on my behalf to the State Attorney on why the case should be dismissed. Thus, under certain circumstances, an individual may avoid an assault charge, assuming that the court felt that they could not carry out the threat. Such an offense is considered Aggravated assault with the intent to commit a felony. In some instances, an aggravated assault charge can be reduced to a lesser charge like improper display of a weapon or simple assault. For prosecutors in Tampa, FL, with the State Attorney's Office for the Thirteenth Judicial Circuit, the charge is filed as a felony for "Aggravated Assault" under F. 021.
While it is essentially assault committed using a deadly weapon, the type of weapon has an impact on the penalties an individual may incur if found guilty. Differences Between Florida State and Federal Statutes. The possible term of imprisonment is a maximum of 5 years. Hubbs Law Firm Can Defend You. Aggravated Assault with a Firearm. Are you just a minor participant to this incident? We understand that there are different circumstances surrounding every case, and will never treat your case like it is just a run-of-the-mill aggravated assault case. In Florida, aggravated assault is charged as a felony offense; essentially, the crime of assault is enhanced from a misdemeanor to a felony because either the accused individual intended to commit a felony in the assault, or had a deadly weapon in his/her possession at the time without the intent to kill.
No reasonable fear: The alleged victim must have had a credible fear of being harmed. Aggravated assault is a charge reserved for people who threaten someone with a weapon but do not have the intent to kill another person. The severity of this crime may further increase by the intent of the individual committing the act. 07 prohibits anyone from assaulting individuals in this protected class. When a person assaults another using something that is threatened to be used in a deadly way, the simple assault goes to the "next level. What is an aggravated assault charge. " For example, was Mr. Jones intending to threaten the victim or is the victim overhearing Mr. Jones acting out a scene in a movie? Learn more about it here in this blog post.
Other penalties include: - County jail. Under Florida Law, a weapon is a "deadly weapon" if it is used or threatened to be used in a way likely to produce death or great bodily harm. Allegations of Aggravated Assault with a Firearm can have very serious consequences, whether the allegations are true or not. According to Section 784. So, for example, if you made a threatening comment in jest and it was clear it was in jest from the context, the State may not be able to prove this element. Regular assault is considered a misdemeanor, but aggravated assault is considered a felony in Florida. Rossen Law Firms offers a FREE strategy session so you know how we'll strategize to get the best possible outcome for your case. Your attorney needs to have knowledge and experience but also needs to know the players. We hope that you will not take a chance on your future and consult with an attorney about your aggravated assault case. If you have been arrested for Aggravated Assault with a Deadly Weapon or Firearm in Tampa or Hillsborough County, contact an experienced criminal defense attorney at the Sammis Law Firm. 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.