What Is Aggravated Assault In Florida | Ore's Partner In Frozen Foods Market
Any arrest for any offense involving a firearm is serious. Thus, under certain circumstances, an individual may avoid an assault charge, assuming that the court felt that they could not carry out the threat. Common defenses to aggravated assault charges include: It doesn't take long for aggravated assault cases to get very complicated and extremely technical. 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. If you or a loved one has been arrested for aggravated assault in Hillsborough County Florida, Pinellas County Florida, or Pasco County Florida, contact Attorney David C. Hardy.
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Aggravated Assault With A Firearm Florida
Schedule a free consultation to discuss your case with us today. Besides the penalties listed above, you could also suffer in many other areas of your life if you are found guilty of aggravated assault. These terms and the elements of charge can vary in different States. This would not constitute an aggravated assault but the individual may be charged with a lesser crime of disorderly conduct. Because of this legislative change, any person convicted of only aggravated assault will no longer qualify for the 10-20-Life penalties.
Were you read your Miranda rights? If you have been charged with aggravated assault in Florida, consult an attorney immediately for legal representation in your case. There's also a category of "special victims" who don't need to be performing their professional duties at the time of the assault. I offer a free consultation so that I can learn about you, learn about your case and determine how I can help. We have tried hundreds of cases in Florida courtrooms and have even been featured on numerous national media outlets and affiliates, including The Wall Street Journal, USA Today, Newsweek, NBC, CBS, FOX and more. In some instances, the procedure is so problematic that cases can actually be dismissed. Driving a car directly toward a pedestrian. 07(1)(b) states that a"Firefighter" means any person employed by any public employer of this state whose duty it is to extinguish fires; to protect life or property; or to enforce municipal, county, and state fire prevention codes, as well as any law pertaining to the prevention and control of fires.
What Is The Sentence For Aggravated Battery In Florida
Today to discuss your case. We represent clients on Aggravated Assault charges and other types of violent crimes involving a gun, firearm, or weapon throughout Hillsborough County and the surrounding areas. 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. Were any of your statements illegally obtained? We would highly recommend... Roger P. Foley got me reinstated. Someone referred me to Tom and I felt comfortable at his demeanor and reactions. In certain cases, even everyday household items can be considered deadly weapons. Possible defenses for assault with a deadly weapon include, but are not limited to: - Conditional threat: The prosecutor must prove an imminent threat existed against the other person.
To seek a conviction in your assault with a deadly weapon case, the prosecutor must prove that: - You intentionally and unlawfully threatened to hurt someone else, - When you made the threat, you had the present ability to fulfill it, - You were armed with a deadly weapon, and. An individual who commits an act of assault will face a misdemeanor charge in the second degree and may face fines or jail time. Each variation of battery has its own elements and sentencing score. In Florida, an Aggravated Assault on an Emergency Medical Care Provider is a second-degree felony punishable by a maximum of: - 15 years imprisonment. DEFENSES FOR aggravated assault with a firearm. Battery starts as a felony and becomes more severe as additional elements receive consideration from the court. Anger Management Course. A misdemeanor charges carries a maximum penalty of up to a year in jail as opposed to a felony, which is punishable by up to five years in prison. Florida Courts have found that large sticks, knives, and beer bottles are deadly weapons. A person convicted of a third degree felony faces a combination of any of the following penalties: - up to 5 years in prison; - a fine of up to $5, 000; - probation for up to 5 years; and. Under Florida law, aggravated assault involves the use of a deadly weapon with the intent to commit murder or a felony. Some offenses classified as felonies include kidnapping, robbery, sexual battery, or murder. Community control, house arrest or supervised probation.
Is Aggravated Assault A Felony In Florida
Penalties for Assault Charges. When you are facing criminal charges, it is often not clear what the charges imply and the potential consequences you could face. 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. 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.
07, to prove the crime of Aggravated Assault in, Tampa Florida on a Law Enforcement Officer, the prosecutor must prove the following seven things: - The victim was at the time a Law Enforcement Officer; - The Defendant knew that the victim was a Law Enforcement Officer; - At the time of the Assault, the victim was engaged in the lawful performance of his or her duties. Seal or Expunge Criminal Record. Prior to the change in the law, the 2014 version of the statute allowed the sentencing court to deviate from the minimum mandatory sentences for crimes of aggravated assault if the court made certain statutory findings based upon mitigating evidence presented at sentencing. The similar but separate offense of "battery" [F. S. § 784. That constitutes assault, and you don't have to touch the victim to face charges.
If you are facing this charge, a Boynton Beach Law Enforcement Officer Aggravated Assault Lawyer at the Law Office of Roger P. Foley can help you understand your options and the best defense available for your case. Depending on the circumstances of the case, an aggravated assault could result in severe penalties. Contact Our Fort Lauderdale Criminal Attorney for a Free Consult. For example, you may have acted in self-defense or performed an unintentional act that the other party misinterpreted. Part of the reason for the change was because of the disparate application of these two legal concepts. What does the term "deadly weapon" mean? Possible Defenses to an Aggravated Assault in Florida on an Emergency Medical Care Provider Charge: Self Defense. Another common defense is that your words were a mere idle threat unaccompanied by any physical activity to justify the belief that you wanted to harm the other party. We hope that you will not take a chance on your future and consult with an attorney about your aggravated assault case.
Thank you for all your help. Often, an accused will allege that they were forced to use a weapon to defend themselves. The court can impose probation instead of jail time for the entire sentence or after the defendant has spent some time in jail. Based on this, we may point out that you should face misdemeanor charges such as disorderly conduct. For instance, if you corner another individual while holding a deadly weapon and threaten them, the victim will have a fear of getting harmed.
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