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Aggravated Assault With A Deadly Weapon

 Orlando Attorney

Road rage. Stand your ground. Protecting your house. A person runs over with a car. All of these situations may lead to criminal charges involving aggravated assault and assault with a deadly weapon. If you are facing an assault with a deadly weapon charge in Florida, you may be overwhelmed and intimidated by the seriousness of the crime. We are here to help. We can explain the charges and guide your through the entire process to better understand what you should expect moving forward.

Aggravated Assault Vs. Assault With A Deadly Weapon

Aggravated assault with a deadly weapon is the process of one person trying to harm another person with an explosive device or weapon but without the intent to kill. Aggravated assault with the intent to commit a felony can result in an individual being guilty of a third-degree felony. ” Deadly weapon” is a term that is open to interpretation. It is usually thought of as a gun, knife or car, but can also include other items that are used in a manner designed to cause injury or death.

The use of a deadly weapon enhances the penalties that are applied to aggravated assault cases.

Penalties for Aggravated Assault & Assault With a Deadly Weapon

Penalty for Aggravated Assault in Florida

  • Prison: Up to five years
  • Monetary fines: Up to $5,000
  • Up to 5 Years Probation
  • Restitution

Recent Case Result

Aggravated Assault With a Firearm

The Umansky Law Firm represented a client in Osceola County accused of Aggravated Assault with a Firearm. The minimum mandatory sentence for this alleged offense is 20 years in prison. The allegation was that our client shot a firearm towards the alleged victim – therefore Florida’s “10/20/Life” sentencing provisions applied. We contacted the alleged victim, who stated she did not want to prosecute. We prepared an affidavit from the alleged victim to the prosecutor stating her desire to have the charges dropped. On the day of trial, we were successful in getting the charges dropped against our client after the prosecutor dismissed the charges!

Penalties for Assault With a Deadly Weapon In Florida

In the state of Florida, the courts require mandatory minimum sentencing whenever a deadly weapon is used in specific crimes, such as assault.

Possession: In Florida, it is a punishable offense to simply possess a firearm or deadly weapon. “Possession” is considered as carrying the weapon or having the weapon directly within in your reach while committing a crime. Mandatory minimum penalties for assault or battery with possession of a firearm or deadly weapon:

  • Assault with firearm/deadly weapon: Minimum 3 years prison.
  • Battery with firearm/deadly weapon: Minimum 10 years prison.
  • Assault or Battery with Semi-Auto weapon or machine gun: Minimum 15 years prison.

Discharge of Weapon: Mandatory minimum penalties if firearm or deadly weapon is discharged during aggravated assault or battery:

  • Minimum 20 years imprisonment.
  • Minimum 25 years imprisonment if discharge resulted in death or great bodily harm.

What to Do After an Arrest

If you are arrested, get the help of a lawyer as soon as possible. Aggravated assault or assault ith a firearm in Florida is a serious offense. If you don’t look for an experienced law firm, you could end up with a fast-talking attorney who promises the world but will never deliver on those promises.

If you don’t do your research when looking for an attorney, you won’t know you made the wrong choice until it’s too late. Far too often we hear stories of clients who were promised their charges would be dropped but neglected to verify if the attorney was highly reviewed by former clients or even experienced in handling their type of case. As a result, clients would be cornered into taking a plea deal at the last minute because they were told it was their only option and at that point, it’s usually too late hire a better attorney.

Why Choose The Umansky Law Firm?

At The Umansky Law Firm, we carefully review each new case that comes to us in order to ensure we have the necessary time and resources to successfully handle a case. When you choose The Umansky Law Firm to represent you, we get to work immediately on your case. Here are just a few of the tasks our firm begins working on right out of the gate:

  • Our team will gather the police reports, eyewitnesses, to the altercation, and take statements from anyone who was at the scene at the time.
  • Our attorneys will work on getting bail set and having the individual released on his or her own recognizance.
  • We will fight the charges and argue to have the charges lessened or even dropped.
  • If your case requires psychologists, DNA experts or private investigators, our team will hire them in order to put forth a solid defense.

Defending Aggravated Assault and Assault With a Deadly Weapon Charges

If you have been charged with aggravated assault in Florida, the top defenses we can raise are the conditional threat and unreasonable fear defenses. The conditional threat is a statement saying that the violent threat was vague with no time established. This would not constitute an aggravated assault but the individual may be charged with a lesser crime of disorderly conduct. The unreasonable fear defense is when the accuser has lied about really being in fear of harm by the defendant but claims fear because of pettiness. The assault charge would be ruled unreasonable for the defendant.

Contact Us for a Free Case Review!

Our Orlando assault and battery attorneys understand the emotions that are involved when you are charged with aggravated assault with a deadly weapon in Orlando, Florida. We will prepare the best defense that is custom tailored to your case and that suits your needs and goals.

Many times the cases are settled before they go to trial. If the case goes to trial, the attorneys are well-accomplished at defending their clients in the courts. To speak with our firm about your aggravated assault with a deadly weapon charge in Orlando, Florida, contact us online or call 407-228-3838.

Recent Criminal
Case Results

Grand Theft ($300-$5000)

Nolle Prosequi-Case Dropped

CT-Driving Under the Influence Car (M1)

Nolle Prosequi - Case Dropped

CT- Driving under the influence car

Nolle Prosequi - Case Dropped

Grand Theft Third Degree

Adjudicated Guilty; One day jail/one day time serve; Restitution fees; Court Cost

Petit Theft < 300

We negotiated an agreement that entailed the State dropping the charge after our client completed a Pre-Trial Diversion Program. The Charge was dropped via a Nolle Prosequi.

Unlawful Speeding

Withhold of Adjudication; No points on license; Paid fine and clerk cost; 8 hour aggressive driver class; 90 days to satisfy fine and class

Shoot/Throw Missile Into Dwell/Struct/Veh; Child Abuse; Criminal Mischief; Battery (Domestic Violence)

No Information Notice - Charges Dropped

Attach Tag/Lic Plate To Unassigned Vehicle (M2)

Nolle Prosequi - Case Dropped

DUI with Minor In Car or BAL of .20 or Higher

Pled No Contest, 1 Year Probation, 10 day Car Impound, Community Service

Motion to Modify Probation

Motion Granted in 48 hours

Petit Theft

Adjudication Withheld, 4 Months probation, Costs/Fines, Impulse Control Class

Petit Theft of $100 or MORE (M1)

Nolle Prosequi

Refuse To Submit To DUI Test (M1)

Case Dropped

Battery on Law Enforcement Officer (F3); Disorderly Conduct (M2)

Nolle Prosequi - Case Dropped


Charges Dropped

Scheme to Defraud(F3); Grand Theft(F3)

Motion to Terminate Probation Granted

Unlawful Speed


Failed to Yield at Intersection

Not Guilty

Leave Scene Of A Crash W/Property Damage (M2)

Case Dropped

Motion to Modify and Impose a Withhold of Adjudication


Attempted Burglary of a Conveyance

Charges dropped

Possession of Cannabis (less than 20 grams)

Charges dropped


Reduced to reckless driving

Possession of Alcohol Under the Age of 21

Charges dropped

Driving Under the Influence

Reduced to Reckless Driving

Violation of Probation

Case Dismissed

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Government Liability Case


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