I have extensive experience in defending aggravated assault and aggravated assault with a firearm cases in Orange and Seminole County. I examine each aggravated assault for a lack of evidence or conflict in evidence that would support not filing formal criminal charges. Aggravated Assault is a serious offense-it is important that you start building your defense immediately after your arrest. Hiring an experienced aggravated assault attorney is essential. Once hired, I will:

1. Collect and review all written statements, photographs and 911 calls;
2. Find flaws in the police officer’s investigation;
3. Identify all possible defenses;
4. Immediately start negotiating with the prosecutor not to file formal charges, and
5. Do whatever is necessary to avoid an conviction.

EARLY REPRESENTATION CAN MAKE ALL THE DIFFERENCE

Early representation can often times convince your prosecutor to not file formal charges against you. It is important to start preparing your best defense as soon as possible, well before your first court date. Important facts in your case to consider are:

• Is there a lack of evidence or a conflict in the evidence?
• Are others involved? Are you just a minor participant to this incident?
• Were you read your Miranda rights? Were any of your statements illegally obtained?
• Were there any witnesses to this incident? Is there any video evidence of this incident?
• Are there other factors or motivations that show lack of intent to commit a crime?

WHAT IS AGGRAVATED ASSAULT

An assault is an intentional, unlawful threat by word or act to do violence to the person of another with an apparent ability to do so. Under Florida law 784.021, aggravated assault is an assault:

(a) With a deadly weapon without intent to kill; or
(b) With an intent to commit a felony.

HOW IS AGGRAVATED ASSAULT  PROVEN IN FLORIDA?

To prove the crime of aggravated assault, the State must prove the following four elements beyond a reasonable doubt:

1. The accused intentionally and unlawfully threatened, by word or act, to do violence to the alleged victim,
2. At the time the threat was made, the accused appeared to have the ability to carry out the threat,
3. The accused’s threat created in the mind of the alleged victim a well-founded fear that the violence was about to take place, and
4. The assault was made either with a deadly weapon or with a fully formed conscious intent to commit a felony.
5.  Full Florida standard aggravated assault jury instructions.

PENALTIES FOR AGGRAVATED ASSAULT

Aggravated assault is classified as a third degree felony that is punishable by up to five years in prison and up to a $5,000 fine. Other penalties include:

• County jail
• Permanent criminal conviction
• Community control, house arrest or supervised probation
• Anger Management Course

DEFENSES FOR AGGRAVATED ASSAULT

There are many defenses available to contest a charge of aggravated assault in Florida. Some of the more common defenses include the following:

• Self-defense
• Necessity or duress
• Stand Your Ground defense
• False allegations by the alleged victim
• Lack of provable intent to threaten
• Inability to carry out the alleged threat

AGGRAVATED ASSAULT CASE LAW

Newsome v. State, 355 So. 2d 483 Aggravated assault is alternatively defined as an assault (a) with a deadly weapon or (b) with an intent to commit a felony. Section 784.021(1), Florida Statutes (1975). Appellant was charged under the latter alternative, and the intended felony charged was sexual battery.

I DEFEND ALL FLORIDA FIREARM CASES

If you were recently arrested or charged with any Florida aggravated assault offense, please call my Winter Park criminal defense law firm at 407-740-7275 to discuss your options. I offer a free consultation so that I can learn about you, learn about your case and determine how I can help.