Judges, prosecutors, expert witnesses and other key players in the courtroom have experience and knowledge that, as someone who is not familiar with the law, you may not have. What is Considered a Deadly Weapon? By consulting with a knowledgeable criminal defense lawyer, you can learn about the charges and potential penalties. One such example of this occurred in the case of H. W. v. The State of Florida, 79 So. To protect your rights, hire someone who understands them. Penalties for Assault Charges. Florida law used to provide for minimum mandatory sentences when a firearm was involved in an aggravated assault. Reasonableness is determined by the average person and not what the victim deems reasonable. In Florida, Simple Assault is a second degree misdemeanor with a penalty of up to 60 days in jail and fines. Florida statute defines a weapon as any "dirk, knife, metallic knuckles, slingshot, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm or a common pocket knife, plastic knife, or blunt-bladed table knife. " In addition, you will not be permitted to vote or own any firearms. What is considered aggravated assault in florida. Learn more about it here in this blog post. Contact Attorney David C. Hardy.
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We can also argue that while getting "threatened, " your accuser taunted you and didn't believe you'd follow through with your threat. Individuals who hold a professional license may be unable to have their licenses renewed following a felony conviction. Aggravated Assault with a Deadly Weapon Florida | Tallahassee Lawyer. Are the authorities living up to their obligations to turn over evidence that tends to support your innocence? Florida courts take aggravated assault with a firearm seriously, and harsh punishments are meted out, particularly when it is not a first offense or when it is an aggravated assault that occurred in connection with the carrying out of some other crime.
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Some of them include: - You were acting in self-defense. Witnesses and alleged victims often lie to law enforcement about the facts of a case. Suppose you threaten to shoot your neighbor for parking their car in your spot. That said, the penalties can be severe depending on the circumstances of your case. Attorney Chris Beardslee is an experienced and knowledgeable criminal defense lawyer serving the Tampa Bay area, including Hillsborough, Manatee, Pasco, Pinellas, Polk, and Sarasota counties. What is aggravated assault in florida travel. 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. Contrary to popular belief, an aggravated assault with a deadly weapon does not necessarily imply the use of a firearm. 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.
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Elected federal, state, or local officials. Assault: Someone who commits an assault crime is facing a second-degree misdemeanor. However at the time of the threat, the juvenile and the victim were ten feet apart, and another person stood between the juvenile and the alleged victim. Prior to going into private practice in criminal defense, Attorney Parikh spent time as a prosecutor.
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If you or a loved one have been accused of aggravated assault, get in touch with our criminal defense lawyer today to schedule your free and confidential consultation. 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. Florida got rid of those minimum mandatory sentences but people charged with aggravated assault are still facing serious penalties and judges still view aggravated assaults as very serious offenses. If an individual commits assault with a firearm (this is a specific deadly weapon) they could face a minimum sentence of 3 years in prison. For example, Attorney Hardy handled an aggravated assault case in which the alleged victim claimed that Attorney Hardy's client was the aggressor. Road rage, standing your ground and protecting your home are all situations where you might be tempted to use a firearm. However, the defendant came no closer than 30 feet to the second deputy and the second deputy had shielded himself behind a sheriff's vehicle. No Ability to Carry Out the Threat. If you believe your case involves the use of force in self-defense or the defense of others, then call us to discuss your case. For this reason, you should retain the services of an experienced criminal defense attorney who can help reduce your charges or have them quashed altogether. Both of those charges are misdemeanors, which carry significantly less penalties than aggravated assault. What is the minimum sentence for aggravated assault in florida. One of the factors separating simple assault from aggravated assault is the presence of a deadly weapon at the time of the crime.
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A conviction carries the potential for incarceration and/or fines. There are a variety of gun and firearm-related crimes a person can be charged with in Florida. When you choose The Umansky Law Firm to represent you, we get to work immediately on your case. 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. Contact the Law Office of Roger P. Foley, P. A. How Can You Be Charged with Assault with a Deadly Weapon. It occurs when someone threatens to harm another person with words or actions. Note: Under F. § 777. 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.
Do whatever is necessary to avoid an conviction. It is important to understand that an assault with a deadly weapon does not necessarily imply the use of a firearm. If you were charged with assault or aggravated assault in Miami, Florida or throughout Miami-Dade County, you should contact an experienced criminal defense attorney to discuss the circumstances of your case. Attorney for Aggravated Assault with Deadly Weapon in Tampa, FL. If a deadly weapon is allegedly used, "It is not necessary for the State to prove that the defendant had an intent to kill. This article was updated on Friday, March 10, 2023.
Most people do not understand that even though "mall cops" or parking-meter readers are not police officers, they are licensed by the State of Florida and fall into this more highly protected class. Florida Statute section 775. Contact us to schedule a free case consultation. The Umansky Law Firm is here to help. Also, between the second deputy and the defendant was the first deputy, who had a gun in his hand and was pointing it at the defendant. Obtaining the best outcome is essential.
Aggravated assault is prosecuted as a third-degree felony. 021 requires a prosecutor to prove beyond a reasonable doubt certain elements to obtain a conviction for aggravated assault. Punishment for Aggravated Assault on a Law Enforcement Officer, Etc. For example, in 2017, 26, 624 people were arrested in Florida for aggravated assault. A simple assault occurs when an individual threatens someone (physically or verbally) with the intent of causing them harm. 2d 1115 (4th DCA 2014) a juvenile was refusing to obey his mother's instructions to get into her car.
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