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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. Attorney for Aggravated Assault with Deadly Weapon in Tampa, FL. Aggravated assault includes the riot modifier. There are multiple varieties of battery, including simple battery, domestic battery, felony battery, aggravated battery and sexual battery. An assault occurs when one person places another person in fear or apprehension of imminent bodily injury. An object or substance that is considered a deadly weapon under this statute is one that is inherently deadly or dangerous, such as a firearm, knife, bleach, or other dangerous poison.
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His firm of Adams and Luka did the due diligence by interviewing witnesses and the police who were on the scene, as well as starting a dialogue with the State Attorney. Holding a beer bottle while threatening another person. As stated in Johnson v. Brooks, 567 So. The circumstances surrounding a crime will determine your charges. Possible Defenses to an Aggravated Assault in Florida Charge: The Florida Stand Your Ground Law. Before July of 2016, if the assault involved the actual possession of a firearm, then the offense also carried with it a three (3) year minimum mandatory prison sentence. 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. Assault is where the defendant intentionally and illegally made a credible threat to physically harm the victim and the threat put the victim in reasonable fear that they would be harmed. What is aggravated assault in florida travel information. How to Beat Aggravated Assault Charges in Florida. 2d 684 (Fla. 5th DCA 1994), a Florida court held that a conditional threat to do injury at some unspecified future time based upon a possible eventuality does not constitute an Assault. As you discuss the facts of your case with your defense attorney, it is vital to include all facts of the incident and how those facts may or may not apply to the elements of the charge.
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Florida Supreme Court Standard Jury Instructions for Criminal Cases, 8. No Fear of Imminent Harm. Our top priority is to protect your legal rights and provide aggressive legal guidance and representation so that the best possible results may be fenses to Allegations of Aggravated Assault in Orlando. The Court found that this threat was not sufficient for an Assault, because the threat of violence was not imminent. Visitor or detainee in a jail or correctional facility (if offender is a detainee of the jail or correctional facility). For example, you may not have to serve the minimum term if you had a mistaken belief that the action was justifiable, you do not pose a threat to public safety, or the totality of the circumstances does not justify the imposition of a mandatory jail term. The fine could be as much as $5, 000. 2d 105 (Fla. 2d DCA 2005), a defendant with a kitchen knife charged at two Hillsborough County Sheriff's Deputies. Understanding your legal rights and options can help you figure out how to defend yourself and get a favorable outcome for your case. He helped me with my case and was there for me every step of the way... Assault and Aggravated Assault in Florida | The Law Office of Chris Beardslee. In some instances, an aggravated assault charge can be reduced to a lesser charge like improper display of a weapon or simple assault.
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Elements of an Aggravated Assault Charge. There are different defenses that our criminal defense attorneys may be able to use for an aggravated assault case. Your attorney may argue that the statement you made doesn't necessarily constitute a crime. 10) is a lesser offense than aggravated assault, but a more serious offense than "simple" assault.
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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. We also help clients fight for a reduction in the case to a misdemeanor charge for discharging a firearm under Florida Statute 790. These factors can potentially increase your charges. To protect your rights, hire someone who understands them. Whenever a person decides to hit someone (battery), they have to assault them first. Assault, Battery, & Aggravated Assault in Florida. Possible Defenses to an Aggravated Assault on a Law Enforcement Officer Charge: Self Defense to an Aggravated Assault on a Law Enforcement Officer Charge. The alleged victim had a credible fear that you were going to commit a violent act against them. The first three elements define Assault. 2d 1383 (Fla. 1st DCA 1985).
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At Hager & Schwartz, P. What is aggravated assault in florida travel. A., our Fort Lauderdale attorneys vigorously defend those accused of crimes. Unfortunately, "deadly weapon" is a term that is open to interpretation. 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. Even when a judge rules that the Florida Stand Your Ground Lawdoes not apply in a case, a person accused of Aggravated Assault on a Firefighter can still claim he or she acted in Self-Defense.
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Are others involved? The use of a deadly weapon enhances the penalties that are applied to aggravated assault cases. Seal or Expunge Criminal Record. In Florida, you can also be charged with an aggravated assault if you committed the offense with the intent of committing another felony. The George Zimmerman "Stand Your Ground" or justifiable use of force case in Sanford, FL. Florida state statute aggravated assault. The initial consultation is free and I am always available to advise you on the proper course of action that can be taken.
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These defenses include Stand Your Ground, self-defense, defense of others, necessity, and false allegations. In the case of D. J. D. State, 143 So. 011 – The term "assault" is defined as "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. So, for example, if you made a threatening comment in jest and it was clear it was in jest from the context, the State may not be able to prove this element. We hope that you will not take a chance on your future and consult with an attorney about your aggravated assault case. Aggravated Assault is a third degree felony, with penalties of up to 5 years in prison or 5 years probation, and a $5, 000. Far too often we hear stories about clients who were promised their charges would be dropped but neglected to verify if the attorney was highly reviewed by former clients or even experienced in handling their type of case. Finding that balance is always difficult, and it is especially difficult these days, when the very fact that there is so much crime can make some people in law enforcement and the justice system cut corners or rush to charge and convict without carrying out a proper Aggravated Assault Means. Rossen Law Firms offers a FREE strategy session so you know how we'll strategize to get the best possible outcome for your case. Defense of property or others. It is important that you start building your defense immediately after your arrest.
Another defense often alleged in aggravated assault cases is "mistaken identity. " If the defendant discharged the firearm during the commission of the aggravated assault, upon conviction the judge must sentence the defendant to at least 20 years in prison. Contact the Law Office of Roger P. Foley, P. A. In some instances, the procedure is so problematic that cases can actually be dismissed. As a result of the legislative changes in 2016, because a person convicted of aggravated assault will no longer qualify for 10-20-Life sentencing, the repealed language has no further application in cases of aggravated assault committed after the effective date of the new legislation. These additional charges are battery by strangulation and aggravated battery. Because at trial the State failed to prove the hospital fit this precise legal definition, the Court overturned the Defendant's conviction. A deadly weapon refers to an instrument or object that can be used as a weapon to cause bodily harm or death. As professional Miami criminal defense attorneys, we take every case personally give every client the deliberate care it deserves. It occurs when someone threatens to harm another person with words or actions. They include: - Investigators or employees of the Florida Department of Children and Family Services. Aggravated Assault Without Using a Firearm. In many instances, charges can be sealed and/or expunged only when a phenomenal outcome is obtained. Contact Criminal Defense Lawyer Richard Hornsby.
Are There Any Defenses to Aggravated Assault Charges? Aggravated Assault (§ 784. Helps defend people against Aggravated Assault with a Firearm allegations. This charge includes the additional riot modifier, like the regular battery charge. Our experienced Fort Lauderdale criminal attorney has seen several successful defenses used to refute assault charges. What are the potential consequences of an Aggravated Assault with a Firearm conviction? In this case, Person A's threat is a conditional threat to do injury at some time in the future. To convict you of aggravated assault, the prosecution must prove that: - You intentionally threatened to do violence to another person through your words or actions (whether you intended to carry out violence against the other person is irrelevant). 021 — Aggravated Assault — Read the language of the Florida law related to aggravated assault. A person accused of aggravated assault might have acted in self-defense, defense of others, or defense of property. In Florida, an Aggravated Assault on a Law Enforcement Officer is a second-degree felony punishable by: - A minimum mandatory of three 3 years imprisonment and a maximum of 15 years imprisonment. People commonly confuse the terms "assault" and "battery". As noted earlier, the prosecutor must prove several elements beyond a reasonable doubt to obtain an aggravated assault conviction.
Tampa Criminal Defense Attorney David C. Hardy is a former prosecutor that now represents persons accused of aggravated assault. Your actions were covered under Florida's Stand Your Ground law. Early Termination of Probation. For example, if a boot is heavy and steel-toed and the person wearing the boots kicks or threatens to kick someone in anger, the action could be charged as an assault with a deadly weapon because the offender used the boots in a manner that could cause serious injury or even kill the victim.
Assault: Someone who commits an assault crime is facing a second-degree misdemeanor. An assault becomes aggravated when the offender uses a deadly weapon against their victim. In certain situations, Florida's stand-your-ground law (F. § 776. You may face up to twenty years in jail.