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You may also be ordered to pay a fine of up to $10, gravated assault may be charged under florida statute section 784. Meltzer & Bell are aggressive West Palm Beach criminal defense lawyers that have worked on over 500 combined jury trials through verdict. What is a Deadly Weapon Under Florida Statutes § 748. Over 15 Years of ExperienceThere's no substitute for experience. Some of the many defense strategies commonly used in assault cases include: - No "aggravating" factors: An attorney may be able to argue that you did not use a deadly weapon or intend on committing a felony, so you should be charged with simple assault rather than aggravated assault. In one case, they represented a client who was accused of aggravated assault on a law enforcement officer with a deadly weapon, aggravated assault with a firearm, and disorderly intoxication.
This is an area that is open to interpretation as to what can be considered deadly. It is called Improper Exhibition of a Firearm. One of them broke a beer bottle and cut the other person with it. This means they need the right evidence to show you committed this crime. Assault with a deadly weapon is a very serious crime. We will schedule a personal consultation at your convenience with the attorney to discuss the strengths and weaknesses of your criminal case in Dade, Broward, or Palm Beach County. When the two cops arrested him, the security guard did end up robbing him.
An assault is a specific intent crime, which means that the person charged with assault intended to threaten the alleged victim. As stated by Fla. 021, a person can be charged with assault with a deadly weapon if he or she commits assault with the use of a deadly weapon without the intent to kill the alleged victim. In the State of Florida and in any of its jurisdictions, such as Miami, West Palm Beach, Fort Lauderdale, Broward County, Dade County or Palm Beach County, there are specific requirements in place for legally purchasing and owning a firearm. That said, the penalties can be severe depending on the circumstances of your case. You could face a lengthy prison sentence and the stigma of being a convicted felon. Keeping in mind that Assault can be charged on just a threat, it is very possible that these charges can be defeated using a Defense of Property defense. I am a highly effective Okaloosa County criminal defense attorney that knows how to get results for my clients. 021 of the Florida Statutes defines aggravated assault as either: An assault with a deadly weapon but without the intent to kill An assault with an intent to commit a felony crime Aggravated assault is also sometimes called "felony assault" because it is classified as a third-degree aggravated assault also has various degrees, each resulting in a harsher punishment, including a mandatory prison sentence with penalties of up to 5 years in prison or 5 years probation, and a $5, 000. Work With One of Our Experienced Attorneys Today. Without intent to kill; or.
045(2), you should consult an experienced Clearwater battery defense lawyer immediately. Evidence that the defendant intended to threaten the victim with violence is sufficient. 087, gravated assault in Florida is defined as a threat made against another individual with the use of a weapon considered to be deadly. To earn an assault charge, a perpetrator's action does not have to include an intention to injure. There is an assault committed; The assault is done with a deadly weapon (whether or …Because the penalties for even a first-time offender facing aggravated assault are so severe, it's imperative to contact an experienced legal team. Cathinone adhd Aggravated assault is essentially "assault with a deadly weapon" or "assault during the commission of another felony. " States define assault and battery differently, and the media often confuses the two crimes. You could end up in prison for a very long time. It is important to understand what objects are classified as "deadly weapons", as many of them may not be so obvious. In the State of Florida and in all its jurisdictions, such as Miami, West Palm Beach, Fort Lauderdale, Broward County, Dade County or Palm Beach County, a person can be charged with armed battery if the brandishing or use of a firearm or a deadly weapon occurs prior to, contemporaneous with, or subsequent to the act of battery. Your attorney needs to have knowledge and experience but also needs to know the players. You will be able to speak directly with David Sobel 24/7. Maybe an ex is trying to get back at you or a disgruntled colleague is trying to cause you harm.
We will know every client's story because we will take the time to listen and understand. If you are facing assault with a deadly weapon charges, you need to make immediate contact with an Ocala criminal defense attorney, as your future stands at perilous risk. If you are a parent, your parental rights may be taken away. Contact Bill Roelke at (904) 354-0333 for a consultation about your assault with a deadly weapon case. We also may be able to argue Stand Your Ground if you are being attacked by a burglar in your own home and take out a weapon to frighten off the burglar. Swansea bay beach Aug 04, 2021 · Aggravated assault, as already mentioned, is a more serious form of assault.
This includes weapons such as knives or firearms, as well as bleach or other caustic or toxic liquids. Since you might not be familiar with how an arrest is supposed to occur, you'll need to tell your West Palm Beach, criminal defense lawyer, every single detail about your arrest to see if there was any misconduct. Not a Deadly Weapon – As stated above, the definition of "deadly weapon" is very subjective – many are charged with a household item not used to harm others – and Assault is the more appropriate charge. 021, aggravated assault is an assault: - With a deadly weapon without the intent to kill; or. This type of assault is pursued even more vigorously by the state and law enforcement as it can place a victim at a much higher risk of bodily harm or death. A common defense for an aggravated assault or battery charge is using Florida's Stand Your Ground laws. 045(2), a prosecutor can secure a conviction for aggravated battery by showing beyond a reasonable doubt that you intentionally or knowingly struck or touched someone, and you used a deadly weapon.
If the victim suffers great bodily harm or passes away during the assault, then you will have to go to prison for at least 25 years. Furthermore, the person who makes the threat must have the apparent ability to carry it out, otherwise it is not considered an assault. You will work with your attorney one-on-one at every stage of the process. The accused intentionally and unlawfully threatened, either by word or act, to do violence to the victim.
In the State of Florida and in all its jurisdictions, such as Miami, West Palm Beach, Fort Lauderdale, Broward County, Dade County or Palm Beach County, the offense of battery occurs when a person actually and intentionally touches or strikes another person against the will of the person on whom the act of violence was committed. Depending on the circumstances of your case, it may be possible to get your charges dropped entirely, for example, if your actions were justifiable in self-defense. Luckily, there are several legitimate defenses to aggravated assault in Florida. Mr. Thompson took depositions of the victim showing that the victim was not truthful with police when she provided her statement as to what happened.