The prosecution is not necessarily required to prove that the defendant intended to kill anyone. Are There Any Defenses to Aggravated Assault Charges? LASNETSKI GIHON LAW. Mandatory minimum penalties if a firearm or deadly weapon gets discharged during an aggravated assault or battery include: Cases in which a firearm gets discharged can be extremely difficult to defend. In many instances, charges can be sealed and/or expunged only when a phenomenal outcome is obtained.
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The use of a deadly weapon enhances the penalties that are applied to aggravated assault cases. Effective July 1, 2016, the Florida Legislature enacted legislation to eliminate the minimum mandatory prison sentence for aggravated assault with a firearm. The reason is that many people with no prior record find themselves facing lengthy sentences for what they believed was an act of self defense. Our attorneys fight assault cases that involve the use of a deadly weapon. There are instances when the wrong person is arrested for the crime. 021. and the sentencing options are laid out in Florida Statute 775.
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2 (Aggravated Assault) — Find the exact jury instructions that are given to juries in cases of assault and aggravated assault in Florida. Carrying a firearm or explosive device can lead to deadly weapons charges, but so can: - Brandishing a pocket knife. Having such counsel on your side puts you at a remarkable advantage and increases your chances of circumventing long-term consequences. In Florida, an Aggravated Assault on an Emergency Medical Care Provider is a second-degree felony punishable by a maximum of: - 15 years imprisonment. Unlike assault, which is only considered a misdemeanor, battery is a felony, which carries much harsher punishments. The Importance of Retaining an Attorney. The prosecutor does not need to show that you actually intended to harm the other person or that you actually injured the other person — it just needs to show that you intended to threaten violence. Parking enforcement officers. The two charges aren't necessarily mutually exclusive but often get charged together, especially when actual contact is made. The act of (defendant) created in the mind of (victim) a well-founded fear that the violence was about to take place. Often the crimes charged by law enforcement are not the same charges the accused will face when the case is set for arraignment, which typically occurs twenty-one days after the arrest. 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. Public transport employees. Because the State is burdened with proving certain elements in aggravated assault cases, your defense counsel can determine which defenses would be best suited to your specific case.
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03] is an intentional act that causes harmful or offensive contact with another person. Nonetheless, the state and federal government view and charge aggravated assault similarly. In addition, the striker must have the intent to cause injury. 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. For aggravated assault crimes, a deadly weapon includes: - firearms; or. Aggravated Assault under F. 021 – Visit the official website of the Florida legislature to find the statutory language that applies to the crime of aggravated assault under Florida Statute Section 784. We hope that you will not take a chance on your future and consult with an attorney about your aggravated assault case.
Aggravated Assault Florida
In 2013, the Florida Department of Law Enforcement (FDLE) reported that there were more than 57, 000 aggravated assaults in Florida. If a firearm was used to threaten, the fifth element of aggravated assault will be met, regardless of whether there was an intent to perpetrate another felony, such as a bank robbery, rape, or burglary. Say you get accused of shooting at the victim during the incident. Read more about us to find out how we can help you. It is a legitimate defense to an assault charge if "consent" was granted; if the "victim" consented, no crime was committed. Our Palm Beach County Assault Defense Attorneys can handle your case all the way to trial. By consulting with a knowledgeable criminal defense lawyer, you can learn about the charges and potential penalties. Out of those arrests, 1, 956 were juveniles, and 24, 668 were adults.
In some instances, an aggravated assault charge can be reduced to a lesser charge like improper display of a weapon or simple assault. Are you being charged, in Palm Beach County, Florida, with Aggravated Assault on a Law Enforcement Officer? This mandatory minimum sentence does not apply to other specific deadly weapons. Suppose you threaten to shoot your neighbor for parking their car in your spot. If you were arrested for assault under F. 011 or aggravated assault under F. 021, you should strongly consider consulting with an experienced criminal defense attorney right away to discuss your case. Penalties for a typical aggravated assault case include: A viable criminal defense attorney will be able to examine the details surrounding your case and determine a viable defense strategy that will stand up in court. For instance, intent to murder carries the maximum severity. The assault was made either with a deadly weapon or conscious intent to commit a felony. If you're facing an assault with a deadly weapon charge, you may be overwhelmed and intimidated by the seriousness of the crime. Road rage, standing your ground and protecting your home are all situations where you might be tempted to use a firearm. Note that assault does not require an intent to injure, just the intent to cause an alleged victim fear of an immediate attack.
The list of offenses that can be classified as felonies is very broad, but some examples include murder, sexual battery, kidnapping and robbery. Assault under Florida Statute 784. 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.
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