Are you facing a Criminal Charge of Aggravated Assault?

Aggravated Assault Charge in Miami, Fort Lauderdale & West Palm BeachAre you facing an assault with a deadly weapon charge in Florida? This type of criminal charge can be overwhelming to the accused because of the seriousness of the crime. You need a Criminal Attorney that can help educate you on the charges you are facing and lead you throughout the process of an aggravated assault charge. Aggravated assault can result from something as simple as a Road Rage incident, protecting your home by standing your ground, and other situations that a person was tempted to use a weapon. Furthermore, these situations may lead to aggravated assault criminal charges because they involved an assault with a deadly weapon. The David Williams Law Firm is here to assist our clients after an arrest for aggravated assault.

What is Aggravated Assault?

Under F.S. 784.021, Aggravated Assault has four components:

  1. The person intentionally and unlawfully threatened, by word or act, to do violence to the victim.
  2. At the time the threat was delivered, the person seemed to have the capability to commit the act of the threat.
  3. The person’s threat created the fear that violence was about to take place against the alleged victim.
  4. An assault was performed with a deadly weapon or with the intent to commit a felony.

Aggravated assault is an additional act that includes the use of a deadly weapon.

What is regarded as Aggravated Assault with a Deadly Weapon in the State of Florida?

The criminal charge of aggravated assault with a deadly weapon in Florida is when one person is trying to harm another person with a weapon but without the intent to kill. This charge can be elevated if the person intends to inflict severe harm or kill a person.

Furthermore, this would be deemed aggravated assault with the intent to commit a felony. A charge of aggravated assault with the intent to commit a felony can result in an individual being guilty of a third-degree felony.

What is a Deadly Weapon in Florida?

A person must understand what is considered a deadly weapon in Florida. In most criminal cases, a deadly weapon is typically considered as a gun, knife, or vehicle. Still, it can also include other things that can be used in a method designated to cause injury or death. In some instances, common household objects can be considered as deadly weapons. A person who uses a deadly weapon heightens the penalties that can be applied to an aggravated assault case.

Aggravated Assault Penalties in Florida

The conviction of an aggravated assault charge can be dependant on the circumstances encompassing the case. The penalties for an aggravated assault case include can include five years in prison, fines of up to $5,000, up to 5 Years Probation, and possibly restitution to the plaintiff. Our criminal defense attorney will examine the particulars encompassing your aggravated assault case to determine a defense strategy that will help defend you in court.

Assault and or Battery with a Deadly Weapon Charge in Florida

Utilizing a deadly weapon heightens the penalties an individual can face for the charge of aggravated assault. Florida courts require mandatory minimum sentencing when a deadly weapon is used in a crime. The mandatory sentencing for a crime with a deadly weapon includes:

  • A minimum of 3 years in prison for assault with a deadly weapon
  • A minimum of 10 years in prison for battery with a deadly weapon
  • A minimum of 15 years in prison for assault or battery with a Semi-Auto weapon or machine gun.

Moreover, it is a criminal offense to possess a firearm or deadly weapon when you’re involved in a crime. A deadly weapon commonly relates to anything that’s designed or made for the particular intention of causing severe harm or death.

The term possession means carrying the weapon or having a weapon in your reach while performing a crime. This can automatically elevate the penalties affiliated with an aggravated assault, including the use of a firearm. The mandatory minimum sentences if a firearm or deadly weapon is discharged during an aggravated assault or battery include:

  • A minimum of 20 years of imprisonment.
  • A minimum of 25 years of imprisonment if the discharge caused death or great bodily harm.

In criminal cases where a firearm is discharged can be very difficult to defend. But, an accomplished criminal defense attorney like David Williams, can help develop a reliable strategy.

Defending Your Criminal Case of Aggravated Assault

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If you are arrested for aggravated assault, you should hire a criminal attorney right away. 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. Don’t make the mistake of finding the cheapest attorney in Miami, Fort Lauderdale, and or West Palm Beach. Hire an attorney that is always on your side and will serve your best interest when facing the criminal charges of aggravated assault.

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