Enhancements apply to deadly weapons that are firearms or any type of "destructive devices, " and still more enhancements if either of those types of deadly weapon is discharged during the crime. Punishment for Aggravated Assault on a Law Enforcement Officer, Etc. 021, is the placing of another in fear by using a deadly weapon or with an intent to commit a felony. Hubbs Law Firm is experienced in defending assault and aggravated assault charges in the Miami area.
At its core, battery is a more severe crime. Our trustworthy assault attorneys can explain the charges and guide you through the entire process to better understand what you should expect moving forward. The alleged victim had a credible fear that you were going to commit a violent act against them. Note: Under F. § 777. The trend holds in Miami-Dade County, where FBI Unified Crime Reporting (UCR) statistics reveal that there were 4, 664 aggravated assaults in 2011 among 6, 913 violent crimes (67 percent). Boxing or other contact sports are examples of when consent is often granted. 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. The prosecution is not necessarily required to prove that the defendant intended to kill anyone. Aggravated Assault with a Deadly Weapon.
In Florida, Simple Assault is a second degree misdemeanor with a penalty of up to 60 days in jail and fines. Aggravated assault charges can have severe impacts on your personal and professional life. Aggravated assault is a third-degree felony which has a maximum punishment of 5 years in prison and a $5, 000 fine. Many times, charges can be "No Actioned, " which means prosecutors drop charges, believing they don't have sufficient evidence to proceed. One of the factors separating simple assault from aggravated assault is the presence of a deadly weapon at the time of the crime. Early representation can often times convince your prosecutor to not file formal charges against you. Each variation of battery has its own elements and sentencing score. Free Assault and Battery Criminal Defense Strategy Session in South Florida.
If you, or a loved one, is charged with Aggravated Assault with a Deadly Weapon, call the experienced criminal defense lawyer of LGL. To prove the crime of aggravated assault with a firearm, the State must prove the following four elements beyond a reasonable doubt: Read the full aggravated assault with a firearm here. Conditional Threats. Instead, the crime is focused on the threat of violence by putting another person in fear. However, that minimum mandatory provision has since been removed. Prior to the change in the law, the 2014 version of the statute allowed the sentencing court to deviate from the minimum mandatory sentences for crimes of aggravated assault if the court made certain statutory findings based upon mitigating evidence presented at sentencing. Attorney Rahul Y. Parikh has continued to prove his dedication to his clients, by using his knowledge and tact to defend them to the fullest extent. Your initial consultation is free. Misdemeanor Charges.
Thus, their claim of aggravated assault is petty and unreasonable because they didn't feel threatened. Creation of a well-founded fear the violence is imminent. You do not have to touch another person to be charged with or convicted of aggravated assault with a deaddly weapon in Florida. These crimes are third degree felonies that carry serious penalties if you are convicted. In Florida, an "assault" is described as "an intentional, unlawful threat by word or act to do violence" to another person by someone who has the ability to carry out the threat of violence and who – in doing so – creates well-founded fear in the target of the threat that they are actually in danger or violence is imminent. Certain circumstances will elevate a charge of simple assault to aggravated assault in Florida. How to Beat Aggravated Assault Charges in Florida.
Remember that these roadblocks cannot just make your future harder, but can also affect the well-being of your significant other and/or children. The main differences between the battery by strangulation and the standard battery charge include an additional standard regarding serious bodily harm or permanent disablement. 10) is a lesser offense than aggravated assault, but a more serious offense than "simple" assault. 087 provides mandatory minimum sentences for various felony offenses, except for felonies in which using a firearm is an essential element. A score sheet is used for felony charges, and points are given to calculate an appropriate sentence. Law enforcement officers often fail to fully investigate self defense claims and therefore it is up to the criminal defense attorney to thoroughly investigate and develop a viable self defense claim. Helps defend people against Aggravated Assault with a Firearm allegations. When you choose The Umansky Law Firm to represent you, we get to work immediately on your case. Regardless, a West Palm Beach Criminal Defense Attorney can look at the facts of the case and help the defendant prepare the best defense possible. Even if you are a first-time offender, you may go to prison if you are convicted. He strives to provide responsive and personalized representation. 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. Parikh Law, P. A. will unwaveringly challenge your aggravated assault allegations. Florida state law defines assault as an intentional, unlawful threat by words or acts to commit violence against another person, coupled with an ability to carry out the act in question.
Contact The Law Office of Chris Beardslee for a free consultation today. So, for example, if you made a threatening comment in jest and it was clear it was in jest from the context, the State may not be able to prove this element. Once hired, I will: - Collect and review all written statements, photographs and 911 calls; - Find flaws in the police officer's investigation; - Identify all possible defenses; - Immediately start negotiating with the prosecutor not to file formal charges, and. This charge includes the additional riot modifier, like the regular battery charge. Myself, and a good friend, broke up the fight and the instigators left. Always responded quickly to any questions I had. These cases present difficult decisions for anyone to make. There is a minimum 3 years prison sentence. In some instances, an aggravated assault charge can be reduced to a lesser charge like improper display of a weapon or simple assault.
For example, if the assault was made with a knife, you might face this sentence. 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. This article was updated on Friday, March 10, 2023. Keeping this in mind if one of the three elements is lacking, it is possible to use this in a trial in order to receive a dismissal of a case. Learn about state laws and your legal options when accused of aggravated assault. Aggravated Assault (§ 784. For this reason, you should retain the services of an experienced criminal defense attorney who can help reduce your charges or have them quashed altogether. At the Law Offices of Mark Eiglarsh we take very seriously an accused's presumption of innocence, which is guaranteed by the constitution. The primary distinction between the two crimes is that aggravated assault involves fear of immediate harm, whereas battery involves intentional and unwanted contact. I was charged with Domestic Violence few years ago and I was referred to Roger Foley from a family member! Aggravated Assault with a Firearm is a very serious type of criminal case that our Jacksonville criminal defense office handles. Battery is a serious criminal offense often arising from heated arguments, alcohol-fueled fights or from the act of defending oneself, another or property.
In the case of Sullivan v. State, 898 So. Below is everything an individual needs to know to navigate Florida's assault, battery, and aggravated assault charges. Why is a witness saying things to the prosecutor that you know to be untrue? "You're so helpful and friendly. Attorneys E. & Erika Hubbs.
Board certification is the highest level of achievement for attorneys conferred by the Florida Bar and signifies experience and competency within an area of law and ethics and professionalism in practice. Our clients become part of our family and we fight relentlessly for their rights. 15 or improper exhibition of a dangerous weapon under Florida Statute 790. Florida Statutes, Title XLVI, Chapter 784, § 784. Several instruments can fall under Florida's definition of deadly weapons. And the potential penalties for aggravated battery are even more severe. The Court ruled that forcing a juvenile to obey his mother in not part of a police officer's duty. Don't put your freedom and future in jeopardy; contact us now for a free consultation.