What Is Considered Aggravated Assault In Florida | Certified Autographs –
Such objects include, but are not limited to: - Hammers, - Baseball bats, - Glass bottles, or. Unlike many crimes, if you are a first-time offender and you plea to Aggravated Assault you will be ineligible to ever have your arrest or court records sealed or expunged - meaning you will have a permanent criminal record. What is Aggravated Assault with a Firearm? Aggravated assault is an assault that occurs with a deadly weapon or with the intent to commit a felony. Your specific needs and your best interest are at the very center of all we do at Parikh Law, P. At our firm, you can always expect that your questions will be answered, you will be treated with respect, your concerns and privacy are always respected and that we will do everything within our power to make this process as stress-free as humanly possible. The use of a deadly weapon takes it to a third-degree felony. Aggravated assault is classified as a third-degree felony in the state of Florida. 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. In the state of Florida, the courts require mandatory minimum sentencing whenever a deadly weapon is used for specific crimes. The assault was made either with a deadly weapon or conscious intent to commit a felony. In some instances, an aggravated assault charge can be reduced to a lesser charge like improper display of a weapon or simple assault. However, With this crime, criminal penalties run the gamut depending on the circumstances in each individual case. The new legislation in 2016 also repealed exceptions for sentencing in aggravated assault cases enacted in 2014. For example, imagine a uniformed firefighter is on break and drives his car to a restaurant to get something to agine further that the Firefighter and Person B get in an argument over a parking spot and that Person B grabs a bat out of his trunk and threatened to hit the firefighter.
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Aggravated Assault Florida Statute
Aggravated assault, as already mentioned, is a more serious form of assault. Florida Statutes, Title XLVI, Chapter 784, § 784. In many instances, charges can be sealed and/or expunged only when a phenomenal outcome is obtained.
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We hope that you will not take a chance on your future and consult with an attorney about your aggravated assault case. "Possession" means carrying the weapon or having the weapon directly within your reach while committing a crime. Unlike assault, which is only considered a misdemeanor, battery is a felony, which carries much harsher punishments. Most courts allow the use of reasonable force in preventing damage or theft of one's own property. Courts may impose mandatory minimum sentences in some instances that can only be waived in limited circumstances. Introduction of Contraband. However, penalties can be harsher depending on different factors. The State Must Prove That the Victim was an Emergency Medical Care Provider. If convicted, you may go to prison for five years, depending on how the factors or points involved in your case are viewed by the judge. Your attorney may argue that the statement you made doesn't necessarily constitute a crime. 021(1), Florida Statutes (1975). At Adams & Luka, we take a dedicated and aggressive approach in defending clients charged with aggravated assault, using our skill, experience, and knowledge to obtain positive results. Anger Management Course. A judge may sentence a person convicted of Aggravated Assault to probation, but may also impose a sentence up to the statutory maximum of five years in prison.
How Can You Defend Against Charges? 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. Florida law categorizes aggravated assault as a third-degree felony that can result in up to five years imprisonment, a $5, 000 fine, and/or probation. Were any of your statements illegally obtained? Road rage, standing your ground and protecting your home are all situations where you might be tempted to use a firearm. Misdemeanor Charges. For example, you may have acted in self-defense or performed an unintentional act that the other party misinterpreted. Under the Florida Stand Your Ground Law a person is justified in threatening deadly force if he or she reasonably believes that using such force is necessary to prevent imminent death or great bodily harm to himself, herself, or another or to prevent the imminent commission of a forcible felony. The "Stand Your Ground" defense is frequently used to defend against this charge.
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