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Just because you make a threat, but do not actually harm an individual, it can still land you in jail. Schedule your free consultation at 800-588-BAEZ today. In both cases, if the defendant used a firearm to commit aggravated assault with a deadly weapon, they must serve a minimum of three years in jail. Under Florida law, for a confrontation to be considered aggravated assault, it must meet four criteria: Threats can be scary and cause a victim psychological stress and trauma, even if violence was never inflicted, so the State of Florida takes assaults very seriously and treats them like the crimes they are. Assault with a deadly weapon florida auto insurance. This is what happens in most cases. If the deadly weapon is a gun or a destructive device such as a homemade bomb, harsh mandatory minimum sentencing laws mandate years or even decades in prison. Deadly weapons can include items that you would not normally see as deadly, depending on how they are used. A conditional threat to commit a violent act at some unspecified point in the future based upon a possible eventuality does not constitute an assault. Defense attorneys rely on a number of different strategies to fight assault charges in the state of Florida. A deadly weapon can include a BB gun (Mitchell v. State, 698 So.
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A prosecutor might upgrade aggravated assault with a deadly weapon to a second-degree felony if the defendant assaulted a member of law enforcement, a firefighter, or an emergency medical technician. In other cases, it may be appropriate to raise a reasonable doubt about what your intentions were. 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. The possession of an illegal firearm is in itself a serious offense and different circumstances accompanying the possession of an illegal firearm can lead to different potential consequences. A person must understand what is considered a deadly weapon in Florida. Under Florida law, any object that is used or is threatened to be used in a way that is likely to produce death or great bodily harm can be considered a "deadly weapon. " The crime of Aggravated Assault occurs when a person: Commits an Assault under Fla. Stat. 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. A conditional threat, meaning a statement like "I will beat you bloody with a baseball bat if you talk to my wife again, " should not result in a conviction for aggravated assault. Your Defense to Assault with a Deadly Weapon. Self-Defense – Possibly the most utilized and least understood defense to Assault charges. If you are arrested for aggravated assault, you should hire a criminal attorney right away. The victim's injuries might also be taken into account. If you are charged with an aggravated assault with a firearm which occurred before July 1, 2016, the amendment to the statute does not benefit you. When faced with a serious crime, you need an attorney who has successfully handled numerous cases like yours.
A bill signed into law on February 24, 2016 will change Florida law in a significant way regarding the crime of aggravated assault with a firearm. 011(1) as "an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent. " How can a Florida defense attorney help me if I commit aggravated assault with a deadly weapon? Assault With a Deadly Weapon. Battery is much more serious because it carries psychological trauma along with physical violence upon a victim. Assault with a deadly weapon occurs when one person physically attacks another with a physical object that could cause serious injury or death. This is a 3° Felony and if convicted, a person could be sentenced to up to 5 years in prison. If you assaulted a public safety officer, then the felony charges would be bumped up to second degree. To prove the defendant's intent to threaten violence, the prosecutor does not need to prove that the victim was wounded or the defendant intended to inflict actual violence upon the victim. In order to be convicted, the prosecutor has to prove beyond a reasonable doubt that you are indeed guilty of assault with a deadly weapon.
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For a defendant to be convicted of aggravated battery under Florida Statute 784. Florida assault with a deadly weapon. Mr. Lockett understands how prosecutors work and how they think, he began his career prosecuting cases for the state. Unlike many other crimes, if you plea to aggravated assault – even as a first time offender – you will be unable to wipe your record clean through expungement or sealing. It may also be possible to get your charges reduced to a misdemeanor charge such as improper exhibition of a dangerous weapon, disorderly conduct, or discharging a firearm in public.
Under Florida law, there are different variations of the crime of assault. A deliberate act that was carried out and resulted in the alleged victim having a legitimate fear of imminent violence. This threat must be an unlawful one with criminal intent. Your Defense To Assault With A Deadly Weapon In Florida | Miami Criminal Defense Lawyer. But in Florida, you do not need to commit an act of violence in order to be charged with assault or aggravated assault in Florida. If you are charged with assault or aggravated assault, an attorney will need to review the details of your case to determine the most appropriate defense strategy to use to fight your charges.
Florida Assault With A Deadly Weapon
Still, it can also include other things that can be used in a method designated to cause injury or death. Unlike some other crimes, there is no element of intent to cause harm. Assault with a deadly weapon florida real estate. At the Morris Law Firm, P. we represent individuals charged with felony and misdemeanor offenses in Pinellas County, Florida, and the surrounding counties of Manatee County, Sarasota County, Hillsborough County, Pasco County, and Polk County, Florida. Plus, the prisons are already crowded and they may not want to clog them up more.
This crime occurs when someone commits a simple assault either: - With a deadly weapon, but without the intent to kill; or. Penalties for aggravated assault are especially you, your child, or the child of a friend or loved one have recently been charged with juvenile aggravated assault and battery, call The Ansara Law Firm immediately at (954) 761-4011 to schedule a free initial consultation to discuss your legal matter. Are you being charged, in Palm Beach County, Florida, with Aggravated Battery With a Deadly Weapon? Daytona Beach Assault Criminal Defense Attorney. But fortunately, an arrest does not always lead to a conviction. The Thompson Law Approach.
Should You Use the Court-Appointed Lawyer? It is also classified as a third-degree felony, which may lead to penalties of up to five years' imprisonment, five years' probation, and/or up to a $5k fine for your actions. Jacksonville Criminal Defense Attorney. Aggravated battery is a felony of the second degree in the state of Florida. A minimum mandatory prison sentence means that even the Judge cannot sentence you less than the minimum mandatory, the prison time can only become greater. If your case goes to trial, you can be confident that Matt is equipped to represent you. With over 125 years of combined legal experience, our attorneys have the resources, skills, and knowledge that it takes to win the most complex criminal cases. As popularized in the case of Trayvon Martin in Sanford, Florida in February of 2012.
If you fire a gun during the commission of a crime there is a 20-year minimum sentence.