If you or a loved one have been charged with Assault and Battery in Okaloosa County, call Flaherty & Merrifield today at (850) 243-6097 for a free consultation. If you have been arrested, you may be tempted to simply ask for a public defender and hope for the best. If you're facing assault with a deadly weapon charge in Florida, then it's time to take action and hire West Palm Beach criminal defense lawyers Meltzer & Bell. Thus, an aggravated assault, according to Florida laws, amounts to one of the following: Using a deadly weapon without the intent to kill the other party 04-Jan-2017... Florida law defines an aggravated assault as an assault with a deadly weapon, without intent to kill, or an assault with the intent to commit a gravated assault is a step up from normal assault. You don't want to pay a hefty fine or end up in prison for an extended period of time. According to the law of the State of Florida, a person can be charged with Assault for only a threat. The word "aggravated" comes into play when some sort of a deadly weapon is involved in the conflict or when someone threatens to commit a felony. Assault is considered a "violent crime" in Florida and so is battery. In addition, because aggravated assault is a felony it can also result in a habitual offender designation which carries with it an additional sentence. Aggravated assault with a firearm is an assault committed with a firearm.
You may be denied when attempting to rent or own a home or apartment. The same goes for landlords, who may not want to rent to you because they believe you're dangerous. Even if nobody was actually hurt during the incident, if the State is able to prove these things, they will still be able to secure a conviction of guilt. The new law does not change your right to claim self defense, and Florida's infamous Stand Your Grand law has been left intact by the amendment. There are some extremely obvious candidates, such as guns and knives. By having a criminal defense attorney with extensive legal knowledge and experience, you are putting yourself in a position not to be blindsided by legal jargon, confusing plea deals, and extreme penalties. If you are facing charges for assault with a deadly weapon in Hilliard, Penney Farms, Orange Park, St. Augustine Beach, Jacksonville, or the surrounding areas, contact Roelke Law today for a consultation about your allegations. Having a felony conviction for a violent crime can additionally influence your ability to own a firearm. A weapon is a "deadly weapon" if it is used or threatened to be used in a way likely to produce death or great bodily harm. Whoever commits an aggravated assault shall be guilty of a felony of the third degree, punishable as provided in s. 775. Since not every assault with a deadly weapon case is the same, it is important to have an attorney on your side who will recognize that and strategize based on the circumstances of each individual case. Aggravated assault can result from something as simple as a Road Rage incident, protecting your home by standing your ground, and other situations that a person was tempted to use a weapon.
This may not seem drastic, but, when the defendant uses a firearm in committing an assault, the possible consequences of a conviction are much more Importance of Fighting a Charge of Aggravated Assault with a Firearm. The charge of Fleeing or Attempting to Elude Law Enforcement, which carries a mandatory felony conviction, was dismissed by the State and the client was offered probation and no felony conviction. He knows what evidence the prosecution will use and works tirelessly to weaken the case that the State has against you. Even if you continue your trial date beyond July 1, it does not matter, as the law only looks at the date of the crime, not the date of conviction. The state of Florida does not take assault with a deadly weapon charge lightly. 087, gravated assault in Florida is defined as a threat made against another individual with the use of a weapon considered to be deadly. Any threat you may have made toward the supposed victim was not accompanied by any other actions that would have led them to believe you were going to follow through with the threat. 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. Assault is a crime in the State of Florida that does not require the defendant to touch the victim. Intentions should be validated by a confrontation. You may also be ordered to pay a …Is domestic assault a felony.
Using a deadly weapon raises a criminal charge from a simple assault or battery charge to an aggravated assault or battery in Florida. Even if you directly threatened to hurt someone with a deadly weapon if something happened in the future but you never took action, then you could not be charged with aggravated assault. The Broward County criminal defense attorneys at The Ansara Law Firm have defended clients charged with aggravated assault and battery by proving that the defendant's life was in jeopardy. It is defined by Florida Statute 784. Oftentimes false allegations of Assault with a Deadly Weapon can be snuffed out long before trial.
Assault is a second-degree misdemeanor. Instead, an intent to do the threatening is enough. The alleged victim's fear of you is unfounded because they were goading you into a physical altercation immediately prior to the incident in question. Additionally, if the accused is convicted of aggravated assault on a law enforcement officer then the defendant will be subject to sentencing under Florida's 10-20-Life law and is facing a three year minimum-mandatory prison sentence. Assault while possessing a deadly weapon may result in up to five years in prison and up to a $5, 000 fine. If you are convicted of a second-degree felony, the court can sentence you to up to 15 years' imprisonment and impose a $10, 000 fine. Further, the State has witnesses and expert witnesses at their disposal, which can make it much easier for them to corroborate their narrative. If the victim is 15 or 16 years old but is at least 10 gravated assault is typically charged as a third degree felony under Section 784. the mamas and the papas Aggravated Assault Florida Statute § 784. If the weapon went off during the incident, then you would have to go to prison for at least 20 years.
It could be hard to find a well-paying job without a degree, or any type of job, since employers typically are worried about hiring criminals – especially ones with such serious charges on their record. If a deadly weapon is used, the results can be catastrophically worse. We look forward to hearing from you and helping you with your case. Before you pay us a single penny, you will meet face-to-face with attorney Matt Thompson during your case evaluation. And, in the end, the felony case filing lawyer didn't end up filing any charges. He understands the high stakes in any type of weapons case, considering the heavy penalties that may be imposed, and he will spare no effort in investigating any defenses that may be available.
We begin every case by meeting with our potential clients and discussing the allegations. An assault is a specific intent crime, which means that the person charged with assault intended to threaten the alleged victim. 021 when a prosecutor believes that they can prove that: (1) you intentionally and unlawfully (2) threatened with words or acts (3) to perpetrate violence against the victim, (4) you seemed capable of carrying out your threats at the time of making them, (5) the victim felt a gravated assault is a third-degree felony and carries up to five years in state prison. If you are a student, felony convictions can prevent your admission to colleges, universities, graduate schools, and bar your ability to obtain scholarships and loans. Criminal Defense Attorney in Fort Lauderdale, FL All Rights Reserved. For example, threatening another in the course of a robbery, even if you do not have a weapon of any kind, will count as an aggravated assault rather than an assault because a robbery is felony. The first three elements define assault.
This gives him the extra advantage of having knowledge of how the prosecution approaches cases. The act of the accused created in the mind of the victim a well-founded fear that the violence was about to take place. If you didn't intend to threaten someone, you are likely not guilty of aggravated assault. If your assault involved a high-capacity, 20-round or more semi-automatic weapon or automatic weapon, then you would have to go to prison for a minimum of 15 years. They will also help you navigate the procedural requirements of trial proceedings.
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