What is often called “assault with a deadly weapon” in other states and on TV is just called aggravated assault in Florida. It is defined under Florida Statute 784.021. Assault with a deadly weapon in Florida involved either the use of a deadly weapon or an intent to commit a felony.
Assault with a deadly weapon is a serious charge and an individual convicted of it can get up to 5 years in prison, and a minimum mandatory sentence of 3 years if a gun was wielded. You will also have a record that will follow you around for the rest of your life. It is a unique charge, in that you can’t wipe it clean from your criminal record with sealing. Your charge can be upgraded to a second-degree felony if you assault a police or other public safety officer. And if a firearm is discharged, the punishment can reach up to 20 years in prison.
What are the defenses to aggravated assault in Florida?
Luckily, there are several legitimate defenses to aggravated assault in Florida. Miami criminal defense lawyers will choose the one that is most appropriate to your situation. A good Miami criminal attorney can mount a convincing legal defense that will hopefully keep you out of trouble. An experienced attorney is your best bet in keeping you out of prison if you’ve been charged with something serious.
Let’s take a look at some of the more common defenses to aggravated assault.
Conditional Threat: If you make a threat to assault someone at some future time based upon something that might happen, you haven’t committed aggravated assaulted according to the Florida law.
Idle Threat: If you threatened someone, but the threat didn’t have any associated factors that would make a reasonable person think you would actually carry out the threat, you technically aren’t guilty of aggravated assault. It will be up to your lawyer to prove that happened. That’s why it’s imperative you get a talented lawyer on your side.
Self Defense: If you can prove that someone was attempting to hurt you, the charges will probably be dropped. You need to be able to prove that the other person was actually attempting to hurt you, though self-defense is a very successful defense against assault and battery. If you were defending your life, then the judge will hopefully see that and let you off without any penalty. It will be up to your lawyer to prove self-defense in a court of law.
A criminal attorney in Miami can help you out if you’ve been charged with aggravated assault in Florida. It’s not something that you want to handle on your own. You could end up in prison for a very long time. Miami criminal lawyers who know the system can determine what is the most suitable defense for you and help you out. Call a Miami criminal attorney if you’ve been charged with aggravated assault.
It can be scary dealing with a charge like this. That’s where an experienced, smart, and talented lawyer comes in. If you’ve got one on your side, then you’ve got the best chance possible of defending yourself against this charge. You don’t want to pay a hefty fine or end up in prison for an extended period of time. Call an experienced, criminal attorney in Miami today.
We handle a variety of criminal law cases, so call us now if you have any questions.
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