Defending Yourself From Aggravated Assault Charges
Aggravated assault is an assault that is enhanced due to the facts of the case. The charge will be enhanced in a case where a deadly weapon or firearm was used during the assault, and this will increase the charge to a felony from a misdemeanor.
At the Finkelstein Firm, P.A., I help the people of Clearwater and the surrounding areas overcome their criminal defense charges. My name is Jenna Finkelstein, and I know what is at stake in these cases and how to defend them.
Understanding The Details Of These Charges
Under Florida Statute 784.021, aggravated assault can be defined as “an assault with a deadly weapon without intent to kill and/or with an intent to commit a felony.”
Elements of aggravated assault include the following:
- The accused defendant intentionally and unlawfully threatened to do violence to the alleged victim, by word or action
- The accused defendant appeared to be capable of carrying out the threat at the time the threat was made
- The threat made by the alleged defendant created a justifiable fear that the violence was going to take place
- The assault was committed with a deadly weapon or with the intent to commit a felony
Aggravated assault is a third-degree felony in the state of Florida.
The Consequences Of Conviction
With any enhancement of a crime, increased penalties follow. Some of the penalties for an aggravated assault charge are as follows:
- Probationary sentence of up to five years
- Up to five years in prison
- A fine of up to $5,000
- Forfeiture of any weapon or firearm
- Other conditions that the court deems necessary based on the specific facts of the case
I am a lawyer who is highly experienced in representing clients charged with assault. Therefore, I am knowledgeable in defense strategies to fight a charge of this nature.
How I May Be Able To Defend You
Examples of possible defenses against aggravated assault include the following:
- The words or actions were not intentional.
- The intent to commit a felony is not clear.
- The alleged defendant was not in close enough proximity to carry out the threat.
- The alleged defendant did not have the immediate ability to carry out the threat.
- The instrument used does not fit the definition of a “deadly weapon.”
- The alleged victim’s fears are not justified.
- The alleged defendant acted in self-defense.
- These are false allegations.
I understand that facing a criminal charge can be frightening and overwhelming. Due to the potential consequences associated with the crime of aggravated assault, it is imperative that you speak with an experienced defense attorney right away. I have years of experience defending citizens charged with aggravated assault. I have the knowledge and skills to fight for the best results possible in your case. I am accessible and dependable when you need me the most.
Build Your Defense Plan Here
Contact my firm at 727-202-4418 or email me here to schedule a free analysis of your case at my local office, located in Clearwater. I handle cases in Pinellas County and the surrounding areas, including Hillsborough, Manatee, Sarasota, Pasco and Polk counties. It is crucial to learn your legal options if you have been accused of aggravated assault. Let me start working for you today.