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July 20, 2024, 10:56 pm

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The defendant must have aimed the firearm in the direction of the assault victim so that the victim assuredly expects to be significantly injured. The charge of aggravated assault or assault with a firearm is a grave offense and requires a criminal attorney that can deliver results of your case. Serving Clients Accused of Aggravated Assault In Marion County. There is an assault committed; The assault is done with a deadly weapon (whether or …Because the penalties for even a first-time offender facing aggravated assault are so severe, it's imperative to contact an experienced legal team. This means they need the right evidence to show you committed this crime. Call us today at (727) 592-5885, or submit your information safely over our online form.

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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. 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. A charge of aggravated assault with the intent to commit a felony can result in an individual being guilty of a third-degree felony. 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. Remember that for a defendant to commit aggravated battery, the defendant must first necessarily commit the crime of battery. If you didn't intend to threaten someone, you are likely not guilty of aggravated assault. I'm truly grateful for him and his staff- his assistant Jessica is very warm and kind and is always on top of everything.

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This charge still talks about threats. For every "weapon" the courts have rejected as deadly, something generally used for a completely different purpose has been allowed to count. Assault with a Deadly Weapon Charges in Jacksonville, FL. This is not an exhaustive list of strategies that can be used to fight your charges. On the flip side, if you have evidence to prove you are innocent, then you may not end up being charged. Self Defense: If you can prove that someone was attempting to hurt you, the charges will probably be dropped. The crime of Aggravated Assault occurs when a person: Commits an Assault under Fla. Stat. The crime is the threat. This helps to explain both the frequency of assault charges and the mystery surrounding them. Lee Lockett and legal team at Lockett Law are based out of Duval County, but travel all over North Florida to defend the rights of others.

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When you are arrested for Aggravated Battery With a Deadly Weapon you want a lawyer that understands and practices in this area of law. 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. High-Quality Legal RepresentationAt Thompson Law, P. A., every client matters. 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. The term possession means carrying the weapon or having a weapon in your reach while performing a crime. There are some extremely obvious candidates, such as guns and knives. According to the law of the State of Florida, a person can be charged with Assault for only a threat. The mandatory minimum sentences if a firearm or deadly weapon is discharged during an aggravated assault or battery include: In criminal cases where a firearm is discharged can be very difficult to defend.

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The team is prepared to defend your rights if you have been accused of assault with a deadly weapon in or out of Jacksonville. Prosecutors would rather take this route than go to trial because it's simpler. Attorney Thompson did a public records request to discover that officers reported to the scene of the crime the night of the incident and spoke to the victims on the evening the alleged crime occurred and believed the victims to be intoxicated and unreliable. 021, aggravated assault is a severe form of assault involving either the intent to commit a felony or the use of a deadly weapon. Convicted felons also lose the right to legally possess a firearm in the future, as well as other rights, such as the right to run for public office or vote in an election. Aug 13, 2021 ·... orbi ac3000 rbk50 Nov 16, 2017 · Stat. We have the experience and knowledge of Florida State laws; we will strive to get to you lowest sentencing possible. Aggravated Assault is a third degree felony, and Aggravated Battery is a second degree felony.

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In Florida, it is legally referred to as aggravated assault, which is assault with a deadly weapon with no intent to kill or with an intention to commit a felony. They are: If the victim's age is 14-year-old or less. What Happens When You're Convicted of a Felony? Being that assault with a deadly weapon is a felony offense in the state of Florida, a guilty conviction can result in extremely harsh penalties. A felon in possession of a firearm gets a penalty of a minimum 3-year sentence, even if no crime is being committed. "Assault" and "deadly weapon" are legal terms with very specific meanings which may or may not match up with ordinary use of these words. We will usually respond within 1 business day but often do so the same day. Convicted felons cannot vote or possess firearms and often have difficulty finding employment. Otherwise, you could end up paying unnecessary bail money. Net-zero banking alliance commitment facebook; halifax weather march 2022 twitter; java: the complete reference 12th edition release date instagram; native instruments taiko youtube; spaghetti plural or singular mailAggravated assault is categorized as a third degree felony, which can result in a prison sentence and/or probation of up to five years and a fine of up to $5, 000. These threats may include words or actions intended to cause... microblading atlanta ga Aggravated Assault with a Firearm Louisiana Revised Statute 14:37. 021, the crime of aggravated assault is defined as an intentional and unlawful threat against another person with a deadly weapon, or.. Florida, an aggravated assault is a more severe form of assault. Improper Exhibition: At a party, you get really drunk and start waving a gun around with no intent of harming anyone.

Besides guns and knives, some other things that the Florida Law considers "deadly weapons" are: - Any solid item that can be used to strike another to severely injure and/or kill them. Battery is punishable by up to one year in prison. There is an assault committed; The assault is done with a deadly weapon (whether or …Actions Involved in Aggravated Assault With a Deadly Weapon in Florida... In the State of Florida and in all its jurisdictions, such as Miami, West Palm Beach, Fort Lauderdale, Broward County, Dade County or Palm Beach County, a person who has had a prior conviction for battery, aggravated battery, felony battery or armed battery, and who commits a second or subsequent battery commits a felony of the third degree. We never settle for the easiest outcome or the typical result. For example, they might be able to prove that you were acting out of self-defense, and assault with a deadly weapon does not apply in your case. A second-degree misdemeanor carries up to 60 days of jail and does not tag the offender as a felon. If you have any questions about aggravated assault with a firearm, how scoresheets are used in Florida felony cases, or you would like to discuss the facts of your particular case and its possible defenses, I offer a free no obligation consultation by calling me at 941 954-5333.

The possession of an illegal firearm is in itself a serious offense and different circumstances accompanying the possession of an illegal firearm can lead to different potential consequences. 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. At Dunham & Ingram we are committed to providing the best service and legal counsel available to every client. Additionally, if you were protecting someone else from the person you assaulted, that might qualify as self-defense. No matter how open and shut you believe your case to be, prosecutors and Judges will be much more scrupulous in reviewing the facts and the evidence. The mandatory sentencing for a crime with a deadly weapon includes: Moreover, it is a criminal offense to possess a firearm or deadly weapon when you're involved in a crime. If you are convicted of a felony of the second degree, the court can sentence you to up to 15 years in prison. A simple threat with a deadly weapon can result in a felony such as this, and up to five years in prison.

They will come up with a defense strategy so you have the best chance of winning your case. When the client tried to pull away, the victim claimed that he was battered and the client was arrested and brought before DCF due a child being in the house.

You need to review their educational background, experience in criminal cases, their reputation in the community, and their ability to communicate with you, the client. 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. Evidence obtained illegally, such as a confession obtained in violation of the defendant's Fifth Amendment rights, is usually inadmissible in court. The law surrounding it is convoluted, and at times difficult to understand, but in some cases can be sought to completely exonerate the defendant. He brings his experience as a former prosecutor to his defense practice. If you were defending your life, then the judge will hopefully see that and let you off without any penalty. 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. They are very similar.