I have extensive experience in defending aggravated assault with a firearm cases in Orange County, Seminole County and throughout the entire Central Florida area. I examine each aggravated assault with a firearm case for a lack of evidence or conflict in evidence that would support not filing formal criminal charges. It is important that you start building your defense immediately after your arrest. Hiring an experienced aggravated assault with a firearm attorney is essential. 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
- 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 with a firearm
Under Florida law 784.021, Aggravated Assault is an enhanced type of assault charge involving either the use of a deadly weapon or an intent to commit a felony. The penalties for aggravated assault are severe, and many such offenses carry minimum mandatory prison sentences.
An “aggravated assault” is an assault:
HOW IS aggravated assault with a firearm PROVEN IN FLORIDA?
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.
- The accused intentionally and unlawfully threatened, by word or act, to do violence to the alleged victim,
- At the time the threat was made, the accused appeared to have the ability to carry out the threat,
- 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
- The assault was made either with a deadly weapon or with a fully formed conscious intent to commit a felony.
Penalties for aggravated assault with a firearm
Aggravated assault with a firearm here 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
- Forfeiture of the firearm
DEFENSES FOR aggravated assault with a firearm
There are many defenses available to contest a charge of aggravated assault with a firearm in Florida. Some of the more common defenses include the following:
- Self-defense;
- Justifiable Use of Force in Defense of Others;
- 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;
- Instrument used does not constitute a deadly weapon;
- Disputes as to whether a defendant’s conduct constituted a threat;
- Alleged victim’s fears not justified;
aggravated assault with a firearm 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.
J.S. v. State, 207 So.3d 903 (Fla. 4th DCA 2017) When determining whether the first element of the crime of assault is met, the focus is the perpetrator’s intent and not the reaction of the person perceiving the word or act.
I DEFEND ALL Florida FIREARM CASES
If you were recently arrested or charged with any Florida aggravated assault with a firearm 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.
I have extensive experience in defending aggravated assault with a firearm cases in Orange County, Seminole County and throughout the entire Central Florida area. I examine each aggravated assault with a firearm case for a lack of evidence or conflict in evidence that would support not filing formal criminal charges. It is important that you start building your defense immediately after your arrest. Hiring an experienced aggravated assault with a firearm attorney is essential. 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
- 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 with a firearm
Under Florida law 784.021, Aggravated Assault is an enhanced type of assault charge involving either the use of a deadly weapon or an intent to commit a felony. The penalties for aggravated assault are severe, and many such offenses carry minimum mandatory prison sentences.
An “aggravated assault” is an assault:
HOW IS aggravated assault with a firearm PROVEN IN FLORIDA?
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.
- The accused intentionally and unlawfully threatened, by word or act, to do violence to the alleged victim,
- At the time the threat was made, the accused appeared to have the ability to carry out the threat,
- 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
- The assault was made either with a deadly weapon or with a fully formed conscious intent to commit a felony.
Penalties for aggravated assault with a firearm
Aggravated assault with a firearm here 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
- Forfeiture of the firearm
DEFENSES FOR aggravated assault with a firearm
There are many defenses available to contest a charge of aggravated assault with a firearm in Florida. Some of the more common defenses include the following:
- Self-defense;
- Justifiable Use of Force in Defense of Others;
- 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;
- Instrument used does not constitute a deadly weapon;
- Disputes as to whether a defendant’s conduct constituted a threat;
- Alleged victim’s fears not justified;
aggravated assault with a firearm 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.
J.S. v. State, 207 So.3d 903 (Fla. 4th DCA 2017) When determining whether the first element of the crime of assault is met, the focus is the perpetrator’s intent and not the reaction of the person perceiving the word or act.
I DEFEND ALL Florida FIREARM CASES
If you were recently arrested or charged with any Florida aggravated assault with a firearm 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.
