Similar to assault, but considered a more serious crime, aggravated assault can take place when there is a certain type of dangerous weapon involved or if there is an intent to commit a felonious crime. Florida’s statute §784.021 states that aggravated assault could occur when:
- There is an assault committed
- The assault is done with a deadly weapon (whether or not there was intent to kill) or;
- The assault is carried out with the intent to commit a felony.
The state may try to prove the 3rd prong above, ‘intent to commit a felony’, by showing that a defendant was engaged in an act that is considered a felony under Florida law. Felonies include crimes such as rape, drug trafficking, burglary, and murder.
Of course, in that case the state would likely have the burden to also prove that a defendant had intent to commit a felony at the time of the alleged assault. An experienced defense attorney representing you should help you build a defense to any state’s case.
When Is A ‘Deadly Weapon’ Involved?
According to Florida’s statute for aggravated assault, a deadly weapon can include guns and knives, but also other objects as well. One key point to determining if a weapon is a deadly weapon (and possibly whether an assault was an aggravated assault) is whether it was used or threatened to be used in a way that could cause death or at least major bodily injury.
For example, a pen may not be considered a deadly object in and of itself. However, if during an assault, a pen is used or threatened in such a way to cause great physical harm to someone or kill them, there is some possibility for that object to be seen as a deadly weapon.
Of course, the above is a general and hypothetical example. Your case and the facts that surround it may be unique to you, so meet with a criminal attorney if you have questions or need guidance for an aggravated assault accusation.
What’s The Difference Between Assault And Aggravated Assault?
Aggravated assault is considered a more severe charge than simple assault, which is a related and similar crime. In general, assault typically includes the act of threatening someone with violence intentionally and unlawfully through your words or actions.
Any assault charge can bring up questions and arguments about whether the accused seemed to have the ability to commit the act and/or if the victim had a well-founded fear that it would happen. To learn more about simple assault, the penalties that can result from a conviction, and possible defenses to it, click here.
If you have been accused of a crime and feel overwhelmed, you are not alone. Contact a criminal defense attorney immediately to safeguard your rights as much as possible.
We offer free attorney consultations for legal advice, so call us today at (813) 229-5353 or simply go online to fill out and send us your online form.
What Penalties Can I Get For Aggravated Assault?
An aggravated assault charge is considered a third degree felony under Florida law. A conviction for this offense can bring some serious consequences, including time in prison.
Getting convicted for aggravated assault could lead to a maximum 5 years probation or imprisonment, as well as fines of up to $5,000. However, penalties may be escalated depending on aggravating case facts–for instance, if a gun was fired at the time of the alleged assault.
Keep in mind that just about every criminal case is different. For that reason, there can be some unique variations in what penalties you are facing, as opposed to someone else facing the same charge.
This is where a criminal attorney can help you understand your individual case factors and prepare for your possible outcomes. Speak with a lawyerbefore you make any assumptions about your case and how it may turn out.
The attorney you hire can make a huge difference in the result of your criminal case. So, our initial consultations are totally free and private to make that decision easier for you.
What legal services can we provide you? Find out today by calling our Tampa office at (813) 229-5353 or send us your online form.
Are There Legal Defenses To An Aggravated Assault Charge?
Although the consequences of a conviction for aggravated assault may be serious, there may be defenses available to you which may beat this charge. Defense attorneys who represent people who are accused of crimes often assist with building the best legal defense possible, given the facts of a case.
Depending on the case, there are many defense approaches that can be taken to fight a charge of aggravated assault. Some examples of legal defenses that may help you include:
- Lack of intent to commit a felony
- Lack of intent to create a threat
- Self-defense
- Lack of reasonable fear on the part of the victim
- No use of deadly weapon
- Defendant is not the perpetrator
- the accusation is false or mistaken
- Lack of evidence
- Defendant did not have apparent ability to carry out threat
- Use of force was justifiable under the law
These are just a select number of defenses that may help you successfully beat this kind of charge. Keep in mind that this list is not complete–your defense attorney should be able to work with you to build a defense that makes sense for your case, whether or not it is listed here.
A strong defense and legal representation may be your best chance to be protected from conviction under Florida law. This is why hiring a defense attorney can be such a major help to you and your future.
At the very least, you can always meet with one to discuss your case and discover what help they may be able to give you. We offer 100% free attorney consultations to talk about your options and what our legal team and professional staff can do.
Contact our office on Kennedy Boulevard in Tampa today at (813) 229-5353 so our staff can help you as soon as possible. Unable to call? Submit an online form through our website, any time of day.
How Can A Criminal Attorney Help You?
Getting acccused of a crime like aggravated assault is not a small thing. Your future and life’s work could be at risk.
When the stakes are this high, we do not recommend hiring just any attorney to handle your criminal case. You deserve competent and efficient legal representation.
Our commitment to clients is to get the best case outcome possible for them, hands down. We have worked hard to do that, earning hundreds of 5-star Google reviews.
We understand firsthand the impact that a criminal charge from an incident or a domestic violence dispute can have on someone–not to mention their friends and family members. We have the experience, knowledge, and drive to stand up and protect your rights, both in and out of the courtroom.
Our private attorney consultations are zero-commitment and totally free, so contact us today to schedule yours. Contact us ASAP by submitting an online form or call our office to set yours up at (813) 229-5353.
