Florida Statute 784. Is aggravated assault a felony in florida. An object or substance that is considered a deadly weapon under this statute is one that is inherently deadly or dangerous, such as a firearm, knife, bleach, or other dangerous poison. Under Florida law, threatening verbally or through action means an individual may be charged with assault even if they did not physically strike an individual, assuming the individual in question made the threat. What Are the Penalties?
Ensuring that your case has the most favorable result is of the utmost importance here at our firm. At Hubbs Law Firm, we defend the rights of clients charged with assault, aggravated assault, or similar crimes in Miami and Miami-Dade County. The elements the prosecutor must prove include: - Your mindset at the time of the offense. Conditional Threats. Improper exhibition of a dangerous weapon or firearm (F. § 790. Is there any video evidence of this incident? Prosecutors are required to provide verifiable evidence to the Court in order to convict an accused individual guilty of aggravated assault. I'm glad I mate you. The law recognizes several defenses to the crimes of assault and aggravated assault. If you or a loved one is accused of aggravated assault, you can count on the attorneys at Meltzer & Bell, P. Aggravated Assault With a Deadly Weapon in Orlando | Gun Charges. in West Palm Beach for skilled advice and representation. An assault on a regular person is classified as a second-degree misdemeanor. Additionally, the alleged actor must have done something to increase the severity of the offense.
The offense is serious and even first-time offenders can face a realistic possibility of jail or prison time. This would not constitute an aggravated assault but the individual may be charged with a lesser crime of disorderly conduct. Thus, aggravated assault charges primarily rely on the circumstances of the crime. Contact us online or call us at 561-286-8570 to speak with our team today.
The act of (defendant) created in the mind of (victim) a well-founded fear that the violence was about to take place. By the same token, it is also easy, in some situations, for defense attorneys to fight aggravated assault charges because the prosecutor often has a hard time gathering actual proof of threats being made. The Umansky Law Firm Criminal Defense & Injury Attorneys. The facts of the situation are important. Public transport employees. However, Attorney Hardy conducted an investigation and discovered that a witness had called 911 during the incident. If you had reason to fear for your own safety or the safety of someone else, it is lawful to protect yourself or others in your company. J. S. What is the sentence for aggravated battery in florida. v. State, 207 So. I do not have enough praise for Erika and Gorospe. Aggravated assault is considered a third degree felony, though in certain circumstances it can be charged as a second or even first degree felony if the alleged victims are considered special victims by law. Assault is a second-degree misdemeanor which has a maximum punishment of 60 days in jail and a $500 fine. The prosecution is not necessarily required to prove that the defendant intended to kill anyone. Contact a Florida Aggravated Assault Attorney.
In Florida, the difference between "assault" and "aggravated assault" is that aggravated assault includes not only that the person committed acts that constitute assault, but that that person did so either: with a deadly weapon* without intent to kill, or with an intent to commit a felony. Assault under Florida Statute 784. The Court found that this threat was not sufficient for an Assault, because the threat of violence was not imminent. 021 defines aggravated assault as a severe form of simple assault. It is important to understand that an assault with a deadly weapon does not necessarily imply the use of a firearm. Florida Courts have found that mace sprayed into a victim's mouth, and a cigarette lighter shaped like a gun and pointed a victim, are not deadly weapons. If you were charged with assault or aggravated assault in Miami, Florida or throughout Miami-Dade County, you should contact an experienced criminal defense attorney to discuss the circumstances of your case. Those problems were highlighted in the following high-profile cases: - the Marissa Alexander 10-20-Life case in Florida's Fourth Judicial Circuit; - the Ronald Thompson 10-20-Life case (also prosecuted in Jacksonville); and. Aggravated assault is an assault that occurs with a deadly weapon or with the intent to commit a felony. How Can You Be Charged with Assault with a Deadly Weapon. Some examples include: knives, rocks, baseball bats, vehicles and broken bottles. Aggravated Assault: Someone who commits aggravated assault faces a third-degree felony. Thank you for all your help. An attorney can immediately reach out to the "screening prosecutor" assigned to the case.
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