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This can take place in the form of menacing threats, throwing a punch (but not actually hitting the intended target) or brandishing a weapon. Aggravated Assault is a third degree felony, with penalties of up to 5 years in prison or 5 years probation, and a $5, 000. As one of the more common crimes, it is important to understand what is considered aggravated assault in Florida. What is aggravated assault in florida department. Aggravated assault or assault with a firearm in Florida is a serious offense. 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. These additional charges are battery by strangulation and aggravated battery.
Related Resource: Difference Between Assault and Battery in Florida. Are you looking for the best Aggravated Assault lawyer in Tampa Florida? Our attorneys fight assault cases that involve the use of a deadly weapon. It is quite easy for prosecutors to charge someone with aggravated assault because they do not need to prove the alleged victim was actually touched or harmed. What is the Difference between Assault vs Aggravated Assault in Florida? What the State has to Prove for You to be Convicted. Assault and Aggravated Assault in Florida | The Law Office of Chris Beardslee. Far too often we hear stories about clients who were promised their charges would be dropped but neglected to verify if the attorney was highly reviewed by former clients or even experienced in handling their type of case. Several instruments can fall under Florida's definition of deadly weapons. If you are facing this charge, a Boynton Beach Law Enforcement Officer Aggravated Assault Lawyer at the Law Office of Roger P. Foley can help you understand your options and the best defense available for your case.
Before July of 2016, if the assault involved the actual possession of a firearm, then the offense also carried with it a three (3) year minimum mandatory prison sentence. Your specific needs and your best interest are at the very center of all we do at Parikh Law, P. At our firm, you can always expect that your questions will be answered, you will be treated with respect, your concerns and privacy are always respected and that we will do everything within our power to make this process as stress-free as humanly possible. For example, you may not have to serve the minimum term if you had a mistaken belief that the action was justifiable, you do not pose a threat to public safety, or the totality of the circumstances does not justify the imposition of a mandatory jail term. As a result of the legislative changes in 2016, because a person convicted of aggravated assault will no longer qualify for 10-20-Life sentencing, the repealed language has no further application in cases of aggravated assault committed after the effective date of the new legislation. Aggravated Assault Sentencing Florida. I would like thank my attorney Thomas Luka. For instance, threatening to hit your neighbor for letting their pet trespass into your property could be an assault.
As such, you can't be accused of assault. What does the term "deadly weapon" mean? For example, for the defendant, Mr. Jones, to be convicted of the crime of assault, the prosecutor must prove beyond a reasonable doubt that: The victim's thoughts have to be reasonable and the defendant's thoughts intentional. 3d 1042 (Fla. What's Assault vs Aggravated Assault in Florida. 5th DCA 2013), the Defendant was charged with battery on an emergency medical care provider for spitting in the face of hospital security officer. Furthermore, the terms may carry different penalties from one state to another. Defense of self or others: The alleged actor might have threatened the other person to protect themselves or others against an imminent threat of harm. There are many defenses available to contest a charge of aggravated assault with a firearm in Florida.
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. 021, to prove the crime of Aggravated Assault in Florida, the prosecutor must prove the following four things: - The defendant intentionally threatened, either by word or act, to do violence to the victim; - At the time the defendant appeared to have the ability to carry out the threat; - The act of the defendant created in the mind of the victim a well-founded fear that the violence was about to take place. Also, individuals with a prior criminal record, particularly previous convictions for assault or battery or other violent crimes, may face further enhancement for the sentences above. As an experienced Miami aggravated assault lawyer, I see first hand how the criminal justice system imposes harsher penalties for those convicted of aggravated assault. Florida aggravated assault with deadly weapon. Another defense often alleged in aggravated assault cases is "mistaken identity. " It is the jury who decides whether a reasonable person would be in fear. Nonetheless, the state and federal government view and charge aggravated assault similarly. We can also argue that while getting "threatened, " your accuser taunted you and didn't believe you'd follow through with your threat. Witnesses and alleged victims often lie to law enforcement about the facts of a case. These defenses include Stand Your Ground, self-defense, defense of others, necessity, and false allegations. 07(1)(b) states that a"Firefighter" means any person employed by any public employer of this state whose duty it is to extinguish fires; to protect life or property; or to enforce municipal, county, and state fire prevention codes, as well as any law pertaining to the prevention and control of fires.
Florida prosecutes assault cases aggressively, and defendants face a genuine possibility of prison even for a first offense. Whenever a person decides to hit someone (battery), they have to assault them first. Enhancements also apply if a firearm was involved that meets the definition of a machine gun or a semi-automatic weapon with a high-capacity, detachable magazine. This charge becomes even more severe if the defendant committed the assault in question in furtherance of a riot. Anyone else listed in Florida State 784. Unfortunately, "deadly weapon" is a term that is open to interpretation. If there is no bodily harm, it could be one person's word against another. Regular assault is considered a misdemeanor, but aggravated assault is considered a felony in Florida. Is aggravated assault a felony in florida. To speak with our firm about your aggravated assault charges, contact us online. Our clients become part of our family and we fight relentlessly for their rights. Common defenses to aggravated assault charges include: It doesn't take long for aggravated assault cases to get very complicated and extremely technical. 2d 915 (Fla. 4th DCA 1997), a juvenile threatened a victim with a knife.
HOW WE WIN ASSAULT & BATTERY CASES IN FLORIDA. If convicted, you may go to prison for five years, depending on how the factors or points involved in your case are viewed by the judge. College Student Hearings. If, while being "threatened", the accuser was taunting the defendant or did not actually believe the defendant would follow through with the threat, then a later claim of assault - usually because of pettiness - will be ruled unreasonable because the accuser did not actually feel threatened. When you are facing criminal charges, it is often not clear what the charges imply and the potential consequences you could face. Elected federal, state, or local officials. The consequences of being arrested and convicted of assault can be serious. I truly appreciate the hard work that... According to Florida Statute § 784. They only have to show that the defendant threatened the alleged victim with violence. 3d 903 (Fla. 4th DCA 2017) When determining whether the first element of the crime of assault is met, the focus is the perpetrator's intent and not the reaction of the person perceiving the word or act. States treat these terms differently; therefore, each charge has different criteria depending on the state in which it occurs.
When charged with a criminal offense, it is not always clear what the charges mean and the potential consequences that you could face. I offer a free consultation so that I can learn about you, learn about your case and determine how I can help. Being a convicted felon in Florida prevents you from being able to do a significant number of important things. 021(1), Florida Statutes (1975). Are others involved? "Possession" means carrying the weapon or having the weapon directly within your reach while committing a crime.
Therefore, the juvenile could not be convicted of Assault on a Law Enforcement Officer. At The Law Offices of Salnick & Fuchs, we have a team of attorneys who can help defend your rights in court. Effective July 1, 2016, the Florida Legislature enacted legislation to eliminate the minimum mandatory prison sentence for aggravated assault with a firearm. Review the videos for additional information and explanation or contact our office using the form below for a consultation. It occurs when someone threatens to harm another person with words or actions. Aggravated Assault is reclassified from a Third Degree Felony to a Second Degree Felony if the victim was a Law Enforcement Officer, Firefighter, or EMT. LASNETSKI GIHON LAW. For all of our clients, we zealously challenge the allegations made in every criminal case. In any case, it will be best to speak with an experienced lawyer about your particular aggravated assault charge to determine your next course of legal action. I am 53 years old with a spotless record and glad to keep it that way thanks to the time, effort, hard work, and professionalism of the Adams and Luka and Tom Luka. Is there any video evidence of this incident? In fact, a deadly weapon is any object or instrument that can be used as a weapon to cause great bodily harm. Aggravated assault against special victims is a second degree felony, though if the alleged victim of the aggravated assault is a law enforcement officer, corrections officer, state's attorney, or a judge, and the crime is committed because of the person's employment status or while the alleged victim is performing duties of employment, the court may not allow the offender to serve probation in lieu of prison or otherwise defer their sentence. Additionally, the alleged actor must have done something to increase the severity of the offense.