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What Is Considered Aggravated Assault In Florida - Best Cartoon Characters In Tv History - Our 33 Favorite Cartoon Men

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. A deadly weapon refers to an instrument or object that can be used as a weapon to cause bodily harm or death. We all want to be protected from violent criminals, but we also want to protect ourselves from being convicted of violent crimes we didn't commit. 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. 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. Having a competent, experienced defense attorney can benefit you in a number of ways, including alleviating much of your stress. Mandatory minimum penalties if a firearm or deadly weapon gets discharged during an aggravated assault or battery include: Cases in which a firearm gets discharged can be extremely difficult to defend. Knowing the players comes from years of being inside the courtroom. The specific defense used in your case will depend on the circumstances of the incident. Generally, you can be sentenced to a maximum of five years' imprisonment or five years' probation and a $5, 000 fine. If you were recently arrested or charged with any Florida aggravated assault with a firearm offense, please call my Winter Park criminal defense law firm at 407-740-7275 to discuss your options. 3d 903 (Fla. 4th DCA 2017) When determining whether the first element of the crime of assault is met, the focus is the perpetrator's intent and not the reaction of the person perceiving the word or act. The most serious enhancement is if the discharge of these types of firearms results in serious injury or death, which raises the penalty to 25 years to fending the Aggravated Assault Charge. Battery under Florida law is an offense that occurs when an individual strikes another individual against the will of the other.

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So what amounts to aggravated assault in Florida? The reason is that many people with no prior record find themselves facing lengthy sentences for what they believed was an act of self defense. 011, aggravated assault is punishable by a maximum of five years in state prison. If you have been accused of assault, it is important to hire a criminal defense lawyer that you trust to protect your rights, provide assistance in navigating the court process, and to help you achieve the best result possible depending on the specific facts of your case. The Witnesses are Lying.

The Court found that this threat was not sufficient for an Assault, because the threat of violence was not imminent. I examine each aggravated assault with a firearm case for a lack of evidence or conflict in evidence that would support not filing formal criminal charges. Attorney Rahul Parikh has handled several aggravated assault cases, and has been successful in resolving many of them without his clients serving any prison time or being convicted of a felony. It is extremely important that anyone who is charged with this crime contact our office for help in presenting the best defenses that are available from the facts of the case. As professional Miami criminal defense attorneys, we take every case personally give every client the deliberate care it deserves.

Aggravated Assault Florida Statute

Are others involved? 00, and; - Requirement to pay restitution to the alleged victim. Elements of Aggravated Assault under F. S. 784. There are a variety of gun and firearm-related crimes a person can be charged with in Florida. Aggravated Assault with a Firearm is a very serious type of criminal case that our Jacksonville criminal defense office handles. He has the knowledge, skills, and experience to guide you through this process and obtain the best possible results. Effective July 1, 2016, the Florida Legislature enacted legislation to eliminate the minimum mandatory prison sentence for aggravated assault with a firearm. People commonly confuse the terms "assault" and "battery". We fight these cases throughout Hillsborough County and Pasco County, including the surrounding areas in Hernando County, Pinellas County, and Polk County, FL.

This charge is also a felony instead of a misdemeanor. Penalties for aggravated assault are especially serious. While simple assaults are misdemeanors, an aggravated assault is a felony. How to Beat Aggravated Assault Charges in Florida. For instance, if you corner another individual while holding a deadly weapon and threaten them, the victim will have a fear of getting harmed. Other items designed or adapted to inflict death or serious physical injury on another (such as a pocket knife or brass knuckles). Assault with a deadly weapon is a third-degree felony. There are various common defenses, but it is important to work with an experienced criminal defense attorney to figure out which are likely to be successful, given the facts and circumstances of your case.

What Is Aggravated Assault In Florida Travel Information

In Florida, an assault involves intentional threats, words, or actions that cause a person to feel afraid of impending violence. Learn about state laws and your legal options when accused of aggravated assault. The consequences of conviction can be extremely punitive. By securing counsel, you will expand the likelihood of getting the best possible outcome, and avoiding many of the monumental penalties of being found guilty of this offense. At trial, the State was required to prove that the hospital where the incident took place fit the legal definition of a hospital as laid out in Chapter 395 of the Florida Statutes. In some states, the offense is called felonious assault. 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.

How Prosecutors Prove Guilt. Under Florida law 784. Unlike assault, which is only considered a misdemeanor, battery is a felony, which carries much harsher punishments. The court and jury reasonably believed that the individual could carry out the threat. At the Law Offices of Mark Eiglarsh we've handled countless aggravated assault cases over the years and achieved phenomenal results for our clients. The initial consultation is free and I am always available to advise you on the proper course of action that can be taken. 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. Tampa aggravated assault lawyer William Hanlon has accumulated 20 years of successful criminal defense work in the Tampa Bay area. For example, an individual convicted of aggravated assault can face up to 20 years in prison if they fired a gun during the incident. Like many offenses, aggravated assault charges can impact your life severely, which is why you need to know your legal options to avoid a conviction.

Florida State Statute Aggravated Assault

If you're facing an assault with a deadly weapon charge, you may be overwhelmed and intimidated by the seriousness of the crime. Note that assault does not require an intent to injure, just the intent to cause an alleged victim fear of an immediate attack. Are There Any Defenses to Aggravated Assault Charges? 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. Parking enforcement officers. Aggravated assault, as already mentioned, is a more serious form of assault. In the state of Florida, the courts require mandatory minimum sentencing whenever a deadly weapon is used for specific crimes. You cannot be sentenced to a mandatory minimum sentence for aggravated assault with a firearm unless the incident that supports the charge happened before July 1, 2016, when the amendment to the statute took effect. Aggravated assault or assault with a firearm in Florida is a serious offense. Rather, a deadly weapon refers to anything that can be used to cause significant bodily harm. Permanent criminal conviction.

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. Someone referred me to Tom and I felt comfortable at his demeanor and reactions. For instance, the defendant might have said, "If you touch my car, I will hurt you. Aggravated assault with a deadly weapon is the process of one person trying to harm another person with an explosive device or weapon but without the intent to kill. It is quite easy for prosecutors to charge someone with aggravated assault because they do not need to prove the alleged victim was actually touched or harmed. This kind of offense can earn you up to five years in jail, probation and/or $5, 000 in fine. Possible Defenses to an Aggravated Assault on a Law Enforcement Officer Charge: Self Defense to an Aggravated Assault on a Law Enforcement Officer Charge. Call Hubbs Law Firm today at (305) 570-4802 to schedule a free initial appointment to discuss your case. Introduction of Contraband. It is important to understand that an assault with a deadly weapon does not necessarily imply the use of a firearm.

What Is Aggravated Assault In Florida

Typically, the person charged believed that they were defending themselves by pointing a gun and or discharging the gun to avoid being injured by the listed victim. Were any of your statements illegally obtained? It is the jury who decides whether a reasonable person would be in fear. Battery is a serious criminal offense often arising from heated arguments, alcohol-fueled fights or from the act of defending oneself, another or property.

This can mean that if you are convicted guilty, you could be facing a minimum mandatory prison sentence, along with several other severe penalties. You possessed a deadly weapon at the time of the crime. Our experienced Fort Lauderdale criminal attorney has seen several successful defenses used to refute assault charges. Due to the drastic consequences, which could stick with you for a lifetime, it is vital to have a learned defense attorney who is wholeheartedly committed to securing the best viable outcome that can be obtained for you.

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