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It is extremely important that anyone who is charged with this crime contact our office for help in presenting the best defenses that are available from the facts of the case. Are you looking for the best Aggravated Assault lawyer in Tampa Florida? I knew from the beginning I had the right guy in my corner. There is a minimum 3 years prison sentence. The resolution obtained in an aggravated assault case, like any criminal case, may likely follow an accused around for the rest of his/her life. What is an aggravated assault charge. Under Florida law, threatening verbally or through action means an individual may be charged with assault even if they did not physically strike an individual, assuming the individual in question made the threat. What is the Difference between Assault vs Aggravated Assault in Florida? "Possession" means carrying the weapon or having the weapon directly within your reach while committing a crime.
An alleged victim may believe that the accused is the one who committed the offense, however, be completely inaccurate. In other words, a simple assault becomes aggravated if the offender used a deadly weapon without the intent to kill or assault a person with the intent to commit a felony. What Are the Penalties? Another enhancement applies if a firearm of those types was discharged during the crime. For instance, pointing a handgun at another person to scare them is considered an act of aggravated assault, even if they did not make contact with the person. However, that minimum mandatory provision has since been removed. 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. Based on this, we may point out that you should face misdemeanor charges such as disorderly conduct. What is aggravated assault in florida travel. At its core, battery is a more severe crime. As one of the more common crimes, it is important to understand what is considered aggravated assault in Florida. 021 requires a prosecutor to prove beyond a reasonable doubt certain elements to obtain a conviction for aggravated assault.
In Florida, the crime of Aggravated Assault is a Third Degree Felony and punishable by up to five (5) years in prison, five (5) years of probation, and a $5, 000 fine. Rossen Law Firms offers a FREE strategy session so you know how we'll strategize to get the best possible outcome for your case. In certain cases, even everyday household items can be considered deadly weapons. The prosecutor need not prove that you intended to take the other person's life (that element would fall under the definition of attempted murder). This crime is ranked as level 6 under the Florida Criminal Punishment Code. What is aggravated assault in florida 2022. 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. The penalties for aggravated assault are severe, and many such offenses carry minimum mandatory prison sentences.
Today to discuss your case. Contact us to schedule a free case consultation. This hands-on exposure to working with and learning the ways of Florida prosecutors not only gives Mr. Parikh an edge, but also benefits those who put their trust in him to defend their rights. Assault, Battery, & Aggravated Assault in Florida. You made a threat (assault) but it did not constitute aggravated assault (no deadly weapon or attempt to carry out a felony). States treat these terms differently; therefore, each charge has different criteria depending on the state in which it occurs. So if you threaten someone with violence, that could be sufficient. 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. Another defense often alleged in aggravated assault cases is "mistaken identity. " An aggravated assault can occur in a home, a place of business, or on the highway. If you're under investigation, and/or have been arrested and charged with this offense, call our aggravated assault attorney in Miami today: 305.
Having such counsel on your side puts you at a remarkable advantage and increases your chances of circumventing long-term consequences. It is a legitimate defense to an assault charge if "consent" was granted; if the "victim" consented, no crime was committed. Contact Our Fort Lauderdale Criminal Attorney for a Free Consult. Some examples include: knives, rocks, baseball bats, vehicles and broken bottles. Aggravated Assault With a Deadly Weapon in Orlando | Gun Charges. Unfortunately, "deadly weapon" is a term that is open to interpretation. The term "emergency medical care provider" also includes physicians, employees, agents, or volunteers of hospitals as defined in chapter 395, who are employed, under contract, or otherwise authorized by a hospital to perform duties directly associated with the care and treatment rendered by the hospital's emergency department or the security thereof. The defendant had a fully-formed, conscious intent to commit the aggravated assault with a firearm upon the alleged victim.
For example, you can get points for having a prior felony conviction, even if it is not for aggravated assault with a firearm. Boxing or other contact sports are examples of when consent is often granted. In some states, the offense is called felonious assault. Carrying a firearm or explosive device can lead to deadly weapons charges, but so can: - Brandishing a pocket knife. Read more about us to find out how we can help you. Aggravated Assault with a Firearm is a very serious type of criminal case that our Jacksonville criminal defense office handles. Here is what Florida law says about aggravated assault | Sheppard, White, Kachergus & DeMaggio, P.A. Attorneys & Counselors at Law. They only have to show that the defendant threatened the alleged victim with violence. Our top priority is to protect your legal rights and provide aggressive legal guidance and representation so that the best possible results may be fenses to Allegations of Aggravated Assault in Orlando.
In Florida, aggravated assault is defined as any assault in which there is an intention to carry out a felony and/or a deadly weapon is used to carry out the assault. 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. Finding that balance is always difficult, and it is especially difficult these days, when the very fact that there is so much crime can make some people in law enforcement and the justice system cut corners or rush to charge and convict without carrying out a proper Aggravated Assault Means. Regardless, a West Palm Beach Criminal Defense Attorney can look at the facts of the case and help the defendant prepare the best defense possible.