Assault with a deadly weapon is a very serious crime. If someone gets into a physical fight with another person, or if they gravated Assault with a Deadly Weapon Florida Assault with a Deadly Weapon without intent to kill in Florida can be charged as an Aggravated Assault under Florida Statutes § 784. Battery is the crime committed when physical violence actually occurs; threats and intimidation alone are considered to be assault. As stated by Fla. 021, a person can be charged with assault with a deadly weapon if he or she commits assault with the use of a deadly weapon without the intent to kill the alleged victim. Assault with a deadly weapon as a second degree felony carries a potential prison sentence of up to 15 years (three years of which are mandatory), and/or up to a $10, 000 fine. They will do whatever it takes to fight for a favorable outcome in your Gainesville assault with a deadly weapon case. If a person commits this crime with a firearm on them, then the 10-20-Life rule kicks-in with severe minimum mandatory prison sentences.
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Assault With A Deadly Weapon Florida Statute
Probably the most common examples I have handled involve domestic violence cases where one of the parties threatens the other with a firearm. What Are the Penalties For Assault With A Deadly Weapon in Florida? Kathleen peterson psychic florida statute aggravated assault Follow us. If you are looking for a tough and experienced lawyer to fight charges of aggravated assault with a firearm or another gun crime, you should call Hanlon Law. Aggravated Assault is reclassified from a Third Degree Felony to a Second Degree Felony if the victim was a Law Enforcement Officer, Firefighter, or EMT. Client was texting a friend when her significant other tried to grab for her phone. In the case of aggravated assault with a deadly weapon, a Florida prosecutor must initiate the proceedings within three years of the alleged assault. According to Fla. § 775. Even if you didn't use the weapon, you could still face time behind bars and other severe penalties. You could also use text messages, emails, and other forms of communication to prove your case. If a person actually or intentionally touches or strikes another person and intends to cause the victim great bodily harm as well, which includes causing permanent disability or permanent disfigurement, this person has committed felony battery of the third degree. Prepare yourself for the hefty premiums you're likely to pay and discover a few money-saving tips with this quick guide. Contact an Okaloosa County Assault and Battery Defense Attorney. Unlike many other crimes, if you plea to aggravated assault – even as a first time offender – you will be unable to wipe your record clean through expungement or sealing.
There is no room for leniency or leeway on the part of a judge's discretion, and he or she is legally bound to asses this punishment upon you. Your Defense to Assault with a Deadly Weapon – Miami Criminal Attorney. They must demonstrate: - An intention to threaten impending violence.
Aggravated Battery With A Deadly Weapon Fl
Furthermore, assault with a deadly weapon will be upgraded from a third degree felony to a second degree felony if the alleged victim was a member of law enforcement, a firefighter or an emergency medical technician. If you committed aggravated assault against an individual who was trying to harm you, the charges will likely be dropped. You will lose your right to vote. While this person's actions were not wise, they did not constitute a valid threat to an on-looker. It can be scary dealing with a charge like this. Besides having these penalties imposed, being a convicted felon in the state of Florida can also make your life harder because: - You may be automatically disqualified from obtaining certain professional licenses or certifications.
Florida law classifies aggravated assault with a deadly weapon as a third-degree felony, which carries a prison sentence of up to five years and a $5, 000 fine. That is, however, not the case. A felony in the third degree is punishable by no more than five years imprisonment in a state prison and a fine of up to five thousand dollars. I was scared at first – of course w anything w laws it's very scary. Aggravated assault with a deadly weapon carries heavy penalties, including a prison sentence and fines. Assault is intentionally threatening, by word or act, to do violence to another and created well-founded fear in the mind of the victim. Our central goal is to see you through what may be the most difficult time in your life and to work toward making sure your case ends in the best outcome possible. A simple threat with a deadly weapon can result in a felony such as this, and up to five years in prison. What are the defenses to aggravated assault in Florida? Despite the fact that Mr. Zimmerman admitted to shooting and killing Trayvon, he was found innocent because the defense had asserted that the two had gotten into a fight, and Mr. Zimmerman feared for his life, leaving him no choice but to use deadly force to subdue his attacker. Aggravated assault with a deadly weapon is a very serious felony charge; a conviction for this crime can seriously impact your life.
Florida Assault With A Deadly Weapon
Aggravated assault in Florida is a third-degree felony that carries a maximum of five years imprisonment. 087, has only been modified regarding aggravated assaut with a firearm, leaving in place a series of other crimes where use of a firearm during the commission of a felony still triggers certain minimum mandatory prison sentences. I'm truly grateful for him and his staff- his assistant Jessica is very warm and kind and is always on top of everything. Out of the many reasons it is a good reason to hire an attorney if you are being accused of assault with a deadly weapon, is that an attorney will have the ability to pinpoint which specific defenses will be most effective in your unique situation. Depending on the circumstances of your case, it may be possible to get your charges dropped entirely, for example, if your actions were justifiable in self-defense. While a court-appointed lawyer is free, they may not have the experience and the time to dedicate to your case. Perhaps the assault never actually happened, and someone is falsely accusing you of attacking them. 087 dictates tough mandatory minimum sentences for use of a firearm or destructive device such as a pipe bomb in an assault. A deliberate act that was carried out and resulted in the alleged victim having a legitimate fear of imminent violence. For instance, let's say two people were drinking too much at a bar and got into a fight. Assault or Battery vs. Grand Theft, Fleeing, Possession of a Fictitious Driver's License. Unlawful Possession of a Firearm in Florida. Self-Defense – Possibly the most utilized and least understood defense to Assault charges.
An experienced attorney can evaluate the circumstances surrounding your situation to determine a viable defense strategy. There are numerous examples that could qualify as aggravated assault in Florida. 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. If you are convicted of assault with a deadly weapon, it may be difficult for you to find employment, or receive any financial assistance from the government for educational purposes. Depending on the circumstances, a defendant may be able to show that they acted in self-defense or in defense of another person. Larkins v. State, 476 So. 021, a prosecutor must prove beyond a reasonable doubt that: To establish an intent to threaten violence, the prosecutor does not need to show that you actually intended to commit violence against someone else.
Florida Statute Deadly Weapon
A deadly weapon is anything that could be used or threatened to be used in a way likely to create death or great body injury. A conditional threat to commit a violent act at some unspecified point in the future based upon a possible eventuality does not constitute an assault. This does not mean that the defendant is "off the hook. " This charge is not a felony, it's a misdemeanor. The quality of the criminal defense attorney you hire to defend your Aggravated Battery With a Deadly Weapon case is extremely important.
021, Florida Statutes, there are four elements to an Aggravated Assault: The accused threatened an alleged victim, intentionally and illegally, with violence The threat was credible – IE, the accused, appeared to be able to carry out the threatened violence blank calendar template Florida defines simple and aggravated assault as two different charges. Call today for your free case evaluation, and let Matt Thompson be that attorney for you.
Assault With A Deadly Weapon Florida Department
To be charged with aggravated assault, you have to seriously injure someone or make them fear for their life. At Hanlon Law, we are committed to safeguarding the rights of the accused. In some cases, people are charged with aggravated assault due to false allegations, and in these cases, we may be able to impeach the alleged victim. False allegations: This defense strategy involves questioning whether the allegations made by the victim are true.
The maximum penalties for a third-degree felony include: A prison term not exceeding five years; and; A fine of up to $5, 000. Really, you won't know what your defense should be or how you can fight these charges unless you get in touch with a criminal defense lawyer. If a firearm or any deadly weapon is involved in a felony battery, the presence of a weapon significantly increases the seriousness of the crime, and if convicted, the penalty may be life gravated Battery. They will also help you navigate the procedural requirements of trial proceedings. Honest, Skilled, Responsible. This charge still talks about threats. Assault refers to the crime of threatening an act of violence. 011(1) as "an 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. " If you have used a firearm in the commission of a felony such as armed battery, Florida has a sentencing enhancement statute which requires the sentencing judge to sentence upon conviction to ten years of prison if a firearm is displayed during the commission of the felony, twenty years if the firearm is discharged, and life if anyone is injured by the use of the ttery.
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