Think You Know What Aggravated Assault Is?
Have you been charged with aggravated assault? Are you unsure of what that charge actually means and what the possible consequences of such a charge are? If so, then our criminal attorney in Miami wants to share some important information with you.
Aggravated Assault Defined
As per Florida Statues, Section 784.021, aggravated assault involves four different elements:
- The person who is accused unlawfully or intentionally threatened another individual, either by word or by action, to commit an act of violence.
- When the threat was made, the person who was accused seemed to have the ability to act on the threat that was made.
- The threat that the accused made toward the victim made the victim feel threatened that a violent act was going to be committed against him or her.
- The assault was made with a deadly weapon or with a well-formed intent to commit a felony.
Basically, aggravated assault is any assault that involved the use of a deadly weapon (a knife, a gun, a blunt object or any other object that could cause serious bodily injury or death), or the accused has the intent to commit a felony.
What are the Penalties for Aggravated Assault?
In the state of Florida, an aggravated assault is a Third Degree Felony. The penalties for this offense include up to 5 years in prison, 5 years of probation and a $5,000 fine. This offense is strictly prosecuted, and even first-time offenders need to address this charge with the respect it deserves.
The punishment can increase depending on the facts of the situation. For example, if a firearm was discharged during an incident, the accused could serve up to 20 years in jail.
In addition to a jail term, probation and a fine, a person who pleads to aggravated assault will have a permanent criminal record.
Aggravated Assault Defenses
Though a charge of aggravated assault is serious, as are the penalties, our Miami criminal defense attorney wants you to know that this type of charge is highly defendable, especially when physical injuries are absent, and when there are disputes regarding how the alleged incident actually occurred.
Some of the defenses that our criminal defense attorney in Miami has used in aggravate assault cases include:
- Self defense
- Use of force that was justifiable in order to defend others
- Use of force that was justifiable in order to defend property
- Necessity of duress
- Idle threats
- Unreasonable fear
- False allegations made by the alleged victim
- Inability to act on the alleged threat that was made
- Insufficient evidence
- The instrument is not a deadly weapon
If you are facing aggravated assault charges, it is in your best interest to seek legal guidance from a Miami criminal defense lawyer as soon as possible. Our experienced criminal attorney in Miami has represented numerous aggravated assault cases with favorable outcomes for his clients.
Stroleny Law, P.A. handles a variety of criminal law cases, so call now if you have any questions.
View more contact information here: Criminal Attorney in Miami.