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Each variation of battery has its own elements and sentencing score. 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. It's equally essential to remember that federal statutes may come into play when facing aggravated assault charges, which is why you need a criminal defense attorney to defend your rights. He has the knowledge, skills, and experience to guide you through this process and obtain the best possible results. The goal in many of these cases is getting the charges dropped completely, or at least reduced to a misdemeanor for either: - a misdemeanor for improper exhibition of a dangerous weapon under Florida Statute 790. DEFENSES FOR aggravated assault with a firearm. If the victim is pregnant, the penalty may increase, as well. Florida state law defines assault as an intentional, unlawful threat by words or acts to commit violence against another person, coupled with an ability to carry out the act in question. This can take place in the form of menacing threats, throwing a punch (but not actually hitting the intended target) or brandishing a weapon. Assault and Aggravated Assault in Florida | The Law Office of Chris Beardslee. Even if you are a first-time offender, you may go to prison if you are convicted.

Florida State Statute Aggravated Assault

I'm so grateful to you so much for helping me. 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. Attorney Hardy presented this evidence to the State Attorney's Office and they dropped the case. What is aggravated assault in florida. 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. It is important to understand that an assault with a deadly weapon does not necessarily imply the use of a firearm. He is dedicated to not only providing the best legal advice and defense for your case, but also to making sure that you are informed about the process and your legal options along the way. Parikh Law, P. Can Help! Differences Between Florida State and Federal Statutes. Driving a car directly toward a pedestrian.

Forfeiture of the firearm. According to Section 784. 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. The main difference between these two crimes is that battery is considered a more severe crime than assault.

What Is Considered Aggravated Assault In Florida

Public Safety Reclassification and Enhancement. 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. Though prosecution will be unrelenting if you have been charged with aggravated assault, having a lawyer of your own to raise defenses is a tremendous benefit. How Can You Be Charged with Assault with a Deadly Weapon. These additional charges are battery by strangulation and aggravated battery.

There is no bodily harm, so it frequently winds up being a case of the alleged victim's word against the defendant's word. An individual who commits an act of assault will face a misdemeanor charge in the second degree and may face fines or jail time. Community control, house arrest or supervised probation. Our main office in downtown Tampa, FL, is just a few blocks from the courthouse. I'm glad I mate you. Once hired, I will: - Collect and review all written statements, photographs and 911 calls; - Find flaws in the police officer's investigation; - Identify all possible defenses; - Immediately start negotiating with the prosecutor not to file formal charges, and. Improper exhibition of a dangerous weapon or firearm (F. § 790. A person does not need to be injured for an assault to occur. That said, the penalties can be severe depending on the circumstances of your case. Florida state statute aggravated assault. Assault under Florida Statute 784. Assaulting the other party with the intent of committing another felony.

What Is Aggravated Assault In Florida

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. Possible Legal Defenses for Assault Charges. Do whatever is necessary to avoid an conviction. Second are instruments that were developed for some purpose other than causing harm. These include items such as: - Firearms or. Depending on the circumstances of the case, an aggravated assault could result in severe penalties. The Victim Was Not Engaged in the Lawful Performance of His or Her Duties. In Florida, an assault involves intentional threats, words, or actions that cause a person to feel afraid of impending violence. For example, was Mr. Assault, Battery, & Aggravated Assault in Florida. Jones intending to threaten the victim or is the victim overhearing Mr. Jones acting out a scene in a movie? The offense is serious and even first-time offenders can face a realistic possibility of jail or prison time. 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.

When facing criminal charges in Florida, it's difficult to understand the charges and the potential penalties you face. Threatening a neighbor while holding a baseball bat at your side might be aggravated assault. Several instruments can fall under Florida's definition of deadly weapons. 2d 105 (Fla. 2d DCA 2005), a defendant with a kitchen knife charged at two Hillsborough County Sheriff's Deputies. "I had a great experience, very knowledgeable, and polite. 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. When charged with a criminal offense, it is not always clear what the charges mean and the potential consequences that you could face. Imagine further that Person B grabs a baseball bat out of his trunk and threatens to hit the paramedic. What is considered aggravated assault in florida. We may be able to argue that you were unable to carry out the threat or that there is not enough evidence about the intent to commit a felony, or we might argue that your actions did not amount to a nsult a Skillful Tampa Attorney to Fight a Firearms Charge. This is a more severe form of assault. Aggravated assault is prosecuted as a third-degree felony.

So if you threaten someone with violence, that could be sufficient. For prosecutors in Tampa, FL, with the State Attorney's Office for the Thirteenth Judicial Circuit, the charge is filed as a felony for "Aggravated Assault" under F. 021. Understanding your legal rights and options can help you figure out how to defend yourself and get a favorable outcome for your case.

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