If you or a loved one are facing allegations of aggravated assault, you certainly have more than enough stress on your plate. The consequences of conviction can be extremely punitive. If you have been charged with aggravated assault in Florida, consult an attorney immediately for legal representation in your case.
When it comes to assault offenses, the circumstances that surrounded the crime will aid prosecutors in determining your charges. Aggravated assault is a third-degree felony which has a maximum punishment of 5 years in prison and a $5, 000 fine. 087 provides mandatory minimum sentences for various felony offenses, except for felonies in which using a firearm is an essential element. The alleged victim was exaggerating the exchange and never really thought he was in any danger. A person is legally permitted to defend himself or herself by using a reasonable amount of force against another person to prevent injury or to quell an imminent threat. A person does not need to be injured for an assault to occur. 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. In addition, the striker must have the intent to cause injury. What Is a Deadly Weapon? A mere idle threat, unaccompanied by any physical act that justifies a belief that the person will actually follow through with the threat, does not constitute an assault. Aggravated Assault with a Deadly Weapon Florida | Tallahassee Lawyer. We understand that there are different circumstances surrounding every case, and will never treat your case like it is just a run-of-the-mill aggravated assault case. Your initial consultation is free.
In certain cases, even everyday household items can be considered deadly weapons. Depending on the circumstances of your alleged offense, such as whether a firearm was involved, a good lawyer can argue for mitigated charges, like negotiating your second degree felony down to a third degree charge. The main differences between the battery by strangulation and the standard battery charge include an additional standard regarding serious bodily harm or permanent disablement. Code inspector (if the offender knew or had reason to know the alleged victim's employment status). By hiring the best aggravated assault attorney in Miami, a person has the greatest chance of securing the best possible outcome under challenging circumstances. A conviction carries the potential for incarceration and/or fines. If you have been accused of aggravated assault, allow us to assess your case and determine a path forward. Call (813) 250-0500. With an intent to commit a felony. What's Assault vs Aggravated Assault in Florida. If an individual commits an act of battery during or in furtherance of a riot, the punishment increases. If the victim is pregnant, the penalty may increase, as well.
Our legal team represents people from all over Miami-Dade County, including Miami Beach, Coral Gables, Hialeah, Miami Gardens, Homestead, The Hammocks, Cutler Bay, North Miami and South Miami, as well as other cities and communities throughout Greater Miami. What the State has to Prove for You to be Convicted. Acting to protect others in your presence from perceived harm may also be a legitimate defense. For your convenience, payment plans are available. The threat can consist of an act or mere words, so long as the threat is unlawful and accompanied by: A simple assault is a second degree misdemeanor. Most assault cases in Florida get charged as misdemeanors, but aggravated assault cases are more serious. An apparent ability to carry out the threat. As stated in Johnson v. Brooks, 567 So. 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. Here is what Florida law says about aggravated assault | Sheppard, White, Kachergus & DeMaggio, P.A. Attorneys & Counselors at Law. The penalties an individual faces are highly dependent on the circumstances surrounding their aggravated assault case. At Hubbs Law Firm, we defend the rights of clients charged with assault, aggravated assault, or similar crimes in Miami and Miami-Dade County. 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.
When accused of aggravated assault, there are a number of defense strategies that have proven to be effective in preventing a conviction. What is considered aggravated assault in florida. In that case, you do face a mandatory minimum sentence of three years. Are there other factors or motivations that show lack of intent to commit a crime? The assault was made with a deadly weapon, or the assault was made with a fully formed, conscious intent to commit a felony upon the victim.