Aggravated Assault Criminal Defense in Florida
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We are aggravated assault criminal defense lawyers in Florida.
Aggravated assault is an assault with an additional act consisting of the use of a deadly weapon or the intent to commit a felony.
In order to prove aggravated assault the prosecution must prove beyond a reasonable doubt:
- The accused intentionally and unlawfully threatened violence by word or act.
- The accused appeared to have the ability to carry out the threat at the time the threat was made.
- The threat created in the mind of the victim a well-founded fear that violence was about to take place.
- The assault was made with a deadly weapon or with a fully formed conscious intent to commit a felony. Felonious acts including robbery, rape, murder, kidnapping and burglary.
Penalties for Aggravated Assault
Criminal Aggravated Assault is a third degree felony which carries up to 5 years in prison or 5 years probation, and a $5,000.00 fine. Criminal Aggravated Assault is harshly prosecuted in Florida. Even first-time offenders face a realistic possibility of prison time.
Punishment can increase substantially to include mandatory prison of up to 20 years where a firearm is discharged during the course of an incident. Even if a firearm is not discharged, a gun wielded during an assault will subject an accused to a 3 year minimum mandatory prison sentence if convicted.
Aggravated Assault Criminal Defense
Aggravated Assault is often a highly defensible charge because of the absence of physical injuries and dispute as to the facts and circumstances as to how the incident occurred.
Common defenses raised by your simple assault criminal attorney include defense of self, property or others, stand your ground defense, threats were vague or idle, absence of imminence of threat, false allegations, alibis, no present ability to carry out the threat, absence of intent to threaten, absence of threat, victim’s fear unjustified and necessity or duress, Insufficient evidence as to the intent to commit a felony, instrument is not a deadly weapon and provocation by the alleged victim.
We will zealously defend your freedom and rights to the fullest extent of the law.
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We understand the life-changing worry, aggravation, fear and stress that accompany charges of assault in Florida because we’re people.
We also happen to be Florida criminal assault attorneys.
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Our Florida criminal assault lawyers serve clients in Palm Beach County, Broward County, Miami Dade County, and most other Florida cities and counties.
Our aggravated assault defense attorneys handle criminal assault arrests and charges in Palm Beach, Broward, Miami Dade County and throughout Florida.
Our aggravated assault defense lawyers represent clients charged with aggravated assault in Florida.
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