A Closer Look at Aggravated Assault

Most physical altercations, even domestic altercations, result in misdemeanor charges. Aggravated assault, however, is a serious felony that involves much more severe short and long-term direct and indirect consequences.

From jail release and bond issues to the final resolution of the case, aggravated assault is a very complex criminal matter. Only the best Tampa criminal defense lawyer should handle these cases. Prosecutors are extremely aggressive in these situations. Only an equally aggressive Tampa criminal defense lawyer can effectively stand up for the rights of criminal defendants.

Aggravated Assault in Florida: A Closer Look

Under Florida law, aggravated assault is an intentional and unlawful threat by word or act to do violence to another person, combined with the apparent ability to carry out the threat, and doing so with either a deadly weapon or with the intent to commit a felony. This final element distinguishes aggravated assault from simple assault, which does not involve a weapon or heightened criminal intent.

In Florida, aggravated assault is a third-degree felony (up to five years in prison, five years of probation, and a $5,000 fine). However, the actual penalties may vary depending on the circumstances of the case, including whether a firearm was used or if the alleged victim was in a protected class, such as law enforcement officers and emergency personnel. Use of a firearm triggers mandatory minimum sentencing laws, significantly increasing the severity of the punishment.

Common examples of aggravated assault include pointing a gun at someone during an argument, threatening a person with a knife, or using a vehicle in a way that endangers another individual. “Assault,” as traditionally defined, is not an element of aggravated assault in Florida. The mere threat combined with a weapon is enough to support criminal charges. As a result, aggravated assault cases often hinge on witness testimony, physical evidence, and the specific details of the incident.

Aggravated Assault Defenses

Fourth and Fifth Amendment violations (procedural defenses) are common in aggravated assault matters. Under the Fourth Amendment, a credible witness, not a tattletale or biased witness, must summon police officers to the scene. Under the Fifth Amendment, suspects have a right to remain silent during a custodial interrogation, such as a “who started it” investigation.

If the case makes it over these pretrial hurdles, prosecutors must establish guilt beyond any reasonable doubt. Common substantive defenses include non-credible threat, lack of intent, and no use of a deadly weapon.

A teenager’s threat to knock a bodybuilder into next week is not a credible threat. As for intent, the defendant must intend both the conduct (the assault) and the result (a physical injury). Non-use of a deadly weapon, although not technically a defense in some cases, gives an attorney additional leverage during pretrial negotiations.

Self-defense, which includes defense of property and defense of others, may be the most common affirmative defense in these matters. Basically, self-defense is a proportional response to an immediate threat. Florida is a castle doctrine state (“a man’s home is his castle”). So, individuals are better able to defend themselves, their property, and the people around them.

Necessity could be an effective defense as well. If Jim believes Tom will run away if Jim threatens to use a gun, Jim may have a valid defense.

Reach Out to a Dedicated Hillsborough County Attorney

A criminal charge is not the same thing as a criminal conviction. For a confidential consultation with an experienced criminal defense lawyer in Tampa, contact the OA Law Firm. Virtual, home, and jail visits are available.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0784/Sections/0784.021.html