Drugs Found In Impounded Car

Drugs Found In Impounded Car

Assault, Battery, & Aggravated Assault In Florida

On the other hand, if a person is accused of committing an assault while committing another felony, the defendant would face separate charges and penalties for the other offense. What is the Difference between Assault vs Aggravated Assault in Florida? In most cases, it's usually thought of as a gun, knife, or car, but can also include other items that are used in a manner designed to cause injury or death. Florida Statute 784. In the case of D. J. D. State, 143 So. Our trustworthy assault attorneys can explain the charges and guide you through the entire process to better understand what you should expect moving forward. To convict you of aggravated assault, the prosecution must prove that: - You intentionally threatened to do violence to another person through your words or actions (whether you intended to carry out violence against the other person is irrelevant).

Florida State Statute Aggravated Assault

Certain circumstances will elevate a charge of simple assault to aggravated assault in Florida. Thus, an aggravated assault, according to Florida laws, amounts to one of the following: - Using a deadly weapon without the intent to kill the other party. Another defense often alleged in aggravated assault cases is "mistaken identity. " Penalties and Sentencing. You were justifiably defending another person or your property. In certain cases, even everyday household items can be considered deadly weapons. For instance, the defendant might have said, "If you touch my car, I will hurt you. The assault was made with a fully-formed, conscious intent to commit (felony charged) upon (victim). Actions Involved in Aggravated Assault With a Deadly Weapon in Florida. If you're under investigation, and/or have been arrested and charged with this offense, call our aggravated assault attorney in Miami today: 305. By legal definition, aggravated assault, as explained in Florida Statute 784. Otherwise, the aggravated assault charge does not substantively differ from the standard assault charge. Depending on the circumstances of the case, an aggravated assault could result in severe penalties. Judges, prosecutors, expert witnesses and other key players in the courtroom have experience and knowledge that, as someone who is not familiar with the law, you may not have.

Florida Aggravated Assault With Deadly Weapon

We fight these cases throughout Hillsborough County and Pasco County, including the surrounding areas in Hernando County, Pinellas County, and Polk County, FL. An Aggravated Assault in Florida case is a third degree felony punishable by a maximum of: - A prison sentence of 5 years. As noted earlier, the prosecutor must prove several elements beyond a reasonable doubt to obtain an aggravated assault conviction. Schedule a Consultation with a West Palm Beach Aggravated Assault Attorney. Seek an Attorney to Represent Your Case. If a deadly weapon is allegedly used, "It is not necessary for the State to prove that the defendant had an intent to kill.

What Is An Aggravated Assault Charge

Was the victim reasonably thinking that Mr. Jones could hurt the victim if Mr. Jones was in a body cast in a hospital bed? Telling someone to "back off" while swinging a baseball bat. 3d 143 (Fla. 3rd DCA 2012), a student threatened a school administrator that something would happen to her "that day". There are a number of defenses available to aggravated assault. Our experienced Fort Lauderdale criminal attorney has seen several successful defenses used to refute assault charges. The court and jury reasonably believed that the individual could carry out the threat. Assault is a second-degree misdemeanor in Florida, punishable by up to 60 days in jail and a fine of up to $500. Anyone else listed in Florida State 784.

Aggravated Assault In Florida Law

Thank you for all your help. If you or a loved one has been arrested for aggravated assault in Hillsborough County Florida, Pinellas County Florida, or Pasco County Florida, contact Attorney David C. Hardy. For the assault to be "aggravated, " however, bumping the crime to a third degree felony, the assault has to be committed either: Not all deadly weapons are equal when it comes to aggravated assault. The screening prosecutor is the attorney or paralegal who is assigned to determine what, if any, charges will be filed. It is highly recommended anyone who is arrested or charged with aggravated assault contact an experienced criminal defense attorney in right gravated Assault - Penalties. Are you being charged, in Palm Beach County, Florida, with Aggravated Assault on a Law Enforcement Officer? Even if the screening prosecutor doesn't drop the aggravated assault charge, the prosecutor and defense attorney may be able to work out a very favorable resolution, even prior to the arraignment (the first court hearing). Elements of an Aggravated Assault Charge. Second and first degree felonies are punished more severely than third degree felonies, and if someone possesses or uses a firearm during the commission of an aggravated assault, the offender is subject to enhanced penalties. When you are facing criminal charges, it is often not clear what the charges imply and the potential consequences you could face. Were there any witnesses to this incident? For example, Attorney Hardy handled an aggravated assault case in which the alleged victim claimed that Attorney Hardy's client was the aggressor.

What Is Aggravated Assault In Florida Travel

087 provides mandatory minimum sentences for various felony offenses, except for felonies in which using a firearm is an essential element. This can take place in the form of menacing threats, throwing a punch (but not actually hitting the intended target) or brandishing a weapon. Aggravated assault allows for the use of a weapon and allows an individual to receive harsher punishments for attacking a pregnant individual with or without a weapon. Hiring an experienced aggravated assault with a firearm attorney is essential.

What Is The Sentence For Aggravated Battery In Florida

This is a more severe form of assault. If an individual commits assault with a firearm (this is a specific deadly weapon) they could face a minimum sentence of 3 years in prison. In some states, the offense is called felonious assault. Some examples of deadly weapons include vehicles, broken bottles, rocks, or baseball bats. Are you just a minor participant to this incident? Conditional Threats. Florida courts take aggravated assault with a firearm seriously, and harsh punishments are meted out, particularly when it is not a first offense or when it is an aggravated assault that occurred in connection with the carrying out of some other crime. In addition to the generic crime of battery, two other additional battery charges exist in Florida law. Another common defense is that your words were a mere idle threat unaccompanied by any physical activity to justify the belief that you wanted to harm the other party. At Hanlon Law, we provide an aggressive, comprehensive defense for our gravated Assault with a Firearm: Sentencing and Penalties.
Elected federal, state, or local officials. The term "emergency medical care provider" also includes physicians, employees, agents, or volunteers of hospitals as defined in chapter 395, who are employed, under contract, or otherwise authorized by a hospital to perform duties directly associated with the care and treatment rendered by the hospital's emergency department or the security thereof. Your future can be at stake if you face aggravated assault sentencing, but a violent crime lawyer can give you a second shot at life. Such objects include, but are not limited to: - Hammers, - Baseball bats, - Glass bottles, or. Apart from aggravated assault being a more severe crime than common assault, the two charges also differ regarding standards. These are that the defendant intentionally and illegally threatened through words or acts to do violence to the alleged victim, the defendant appeared to be able to carry out this threat at the time, the threat created in the alleged victim a reasonable fear that violence was about to happen, and the assault was made with a deadly weapon or a fully formed conscious intent to perpetrate a felony. Aggravated assault under Florida law differs from the regular assault charge due to the presence of a weapon in the attacker's possession and the attacker's intent. It occurs when someone threatens to harm another person with words or actions. The reason is that many people with no prior record find themselves facing lengthy sentences for what they believed was an act of self defense. On the other hand, threatening to hit your neighbor while holding a baseball bat could be considered an aggravated assault.

According to Section 784. 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. On the 911 recording, the voice of the alleged victim could be heard repeatedly threatening Attorney Hardy's client and demanding Attorney Hardy's client come and fight him.

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