A serious threat or intentional attempt of bodily harm with a deadly weapon will lead to a serious criminal offense. Simply, an aggravated assault is committed. What’s next? How to beat aggravated assault in Florida is the question. Let’s delve into it.
What is aggravated assault?
Aggravated assault, a severe form of assault, can be defined as a lawful attack of a person on another person. In simple assault, a person can threaten another person physically or verbally. In other words, a simple assault can become aggravated assault if the offender uses a deadly weapon without the intention to kill or to assault the person with the intent of felony.
Simple Assault Is:
What are the Elements of aggravated assault?
We need to understand the elements of aggravated assaults before discussing how we can beat them.
According to Florida Statutes 784.01, an intentional threat against another person physically or verbally can be an act or combination of speech and action. People often consider this a “simple” assault.
Florida Statutes 784.02 states assault with a deadly weapon without intent to kill or harm others can also be considered aggravated assault when a person carries a deadly weapon with the intent to commit a felony.
What are the deadly weapons?
Following are the objects that are considered deadly weapons in Florida:
Some objects are not considered deadly weapons as long as they are used to kill or harm others.
For instance, a brick is not included in a deadly weapon but will be categorized as deadly if a person uses it to harm others.
Conviction for aggravated assault in Florida
When it comes to charges against aggravated assault, you need to know it depends on the severity of the assault.
For instance, if you are using a gun to fire to threaten or harm another person, you may face up to 20 years in prison.
A conviction for second-degree assault is up to 15 years of prison, while a conviction for aggravated assault, classified as a third degree felony, on a law enforcement officer, is up to 3 years.
Aggravated assault of third-degree felony can make you face up to five years in prison.
Florida law reclassifies third-degree a felony to second-degree if the victim of assault is either:
How to Beat Aggravated Assault in Florida?
To beat an aggravated assault charge, the prosecutor has to prove every element of the offense without a reasonable doubt in front of a jury before they decide on a conviction. The best defense strategy is unique to the facts of the case accordingly. There is no one-size approach that may fit all. Using more than one defense tactic may result in an effective defense strategy.
Following are a few defense strategies.
The conditional threat is one of the defensive strategies in which an intention to commit a violent crime at some unspecified point or time in the future.
It will be considered a crime of assault only if the threat is immediate. An idle threat will not be considered as assault because an assaulted person must believe that the other person can harm him or carry out enough threats. Victim has to experience reasonable fear.
As we all know, Florida is well known for its “Stand Your Ground State,” in which a person has the right to use deadly force to threaten or harm another person only if he has a reasonable fear of harm or imminent death. A person can use deadly force only to protect himself.
Florida law states that the fear of harm or death is only reasonable if the offender attacks the person at home or in a vehicle.
There is a limitation in the “Stand Your Ground State.” The victim should be lawfully present at the place where the incident occurs.
The victim should not be engaged in a felony.
If the victim has no legal right to be in a place where the incident occurred, then the “Stand Your Ground State” will not be applicable to the victim.
You should hire a prosecutor as a defense attorney. Negotiation with the criminal defense lawyer for favorable punishment will be an effective defensive move. If the prosecutor or criminal defense attorneys successfully prove aggravated assault into simple assault, it will help to reduce the sentence and save from conviction of a felony.
Contact Florida Assault Attorney
Aggravated charges may result in severe penalties and loss of freedom and rights. So, it is important to get help for aggravated assault case from an experienced criminal attorney or law firm. If you and your loved one are facing issues regarding criminal charges, find defense attorneys.