Aggravated Assault

Aggravated Assault is a serious crime. If you or someone you know has been charged with aggravated assault call me today and I can help you.

What is Aggravated Assault?

Aggravated assault is an assault with a deadly weapon without intent to kill; or with the intent to commit a felony. The elements of an aggravated assault are very similar to the elements of a simple assault. The main difference between the two is that the defendant uses a deadly weapon during the commission of an aggravated assault.

In order to have an aggravated assault, there must be and intent to threaten violence against another person.  There must also be the ability on the part of the person making the threat to actually carry out the threat and the threat must create a reasonable fear in the victim that violence is imminent and the assault is made with a deadly weapon or with the intent to commit a felony. The presence of the alleged deadly weapon is considered an “aggravating” circumstance and elevates simple assault to aggravated assault and thus is punishable as a felony.

What is a Deadly Weapon?

A weapon is considered "deadly" if it is used or threatened to be used in a way likely to cause death or great bodily harm. This is a very broad definition, many items can be considered "deadly weapons" including: knives, pocket knives, brass knuckles, motor vehicles, a baseball bat and any other item that is used with the intent to kill or cause great bodily harm.

What is the punishment for aggravated assault?

Aggravated Assault is a Third Degree Felony, punishable by up to five years in prison and a $5,000 fine.  However, if the "deadly weapon" used in the commission of an aggravated assault is a firearm the punishment can increase greatly. If a firearm is shown during the commission of an aggravated assault there is a three (3) year minimum mandatory prison sentence.  If a firearm is actually discharged (fired) during an aggravated assault, there can be a mandatory minimum of twenty (20) years in prison.

What are Defenses to Aggravated Assault?

It is very important to have experienced attorney handle your aggravated assault case, there are many defenses that can be presented. When handling an aggravated assault case, I can negotiate with the prosecutor in an attempt to get the charged reduced, this is especially important when dealing with minimum mandatory sentences. Many times the prosecutor simply "over charges" the case and I am able to show the prosecutor the weaknesses of the case. In addition to arguing that the case has been "over charged" there are many good defenses such as: self defense, acting in defense of others, unreasonable fear on the part of the victim, and idle threats without any ability to follow through.

Having an experienced criminal defense attorney who can negotiate with the prosecutor and present valid defenses handle your aggravated assault case can make all the difference. If you or a friend or family member have been arrested for Aggravated Assault, regardless of whether the crime allegedly occurred in Melbourne, Palm Bay, Cocoa, Cocoa Beach, Merritt Island, Titusville, Rockledge, Cape Canaveral, Satellite Beach, Indian Harbour Beach, West Melbourne, Melbourne Village, Melbourne Beach, Indialantic, Palm Shores, Grant-Valkaria, Mims, or anywhere else in Brevard County, contact me to immediately schedule your free consultation.

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