Available 24/7
We Are Ready To Help - Day or Night!
(407) 228-3838
Speak Directly To An Attorney Today
Menu

Aggravated Assault With a Deadly Weapon in Florida

 Orlando Attorney

Road rage, standing your ground and protecting your home are all situations where you might be tempted to use a firearm. Likewise, all of these situations may lead to criminal charges involving aggravated assault and assault with a deadly weapon.

If you’re facing an assault with a deadly weapon charge in Florida, you may be overwhelmed and intimidated by the seriousness of the crime. The Umansky Law Firm is here to help. We can explain the charges and guide you through the entire process to better understand what you should expect moving forward.

What is Considered Aggravated Assault with a Deadly Weapon in Florida?

There are a variety of gun and firearm-related crimes a person can be charged with in Florida. 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. 

The offense can be elevated, however, if the individual intends to kill a person or inflict severe harm on them. Such an offense is considered Aggravated assault with the intent to commit a felony. This charge can result in an individual being guilty of a third-degree felony.

What Is a Deadly Weapon?

To fully understand aggravated assault with a deadly weapon, you must first understand what is considered a deadly weapon in Florida. Unfortunately, ”deadly weapon” is a term that is open to interpretation. In most cases, it’s 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. In certain cases, even everyday household items can be considered deadly weapons. 

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

Penalties for Aggravated Assault Charges in Florida

The penalties an individual faces are highly dependant on the circumstances surrounding their aggravated assault case. Penalties for a typical aggravated assault case include:

  • Prison for up to 5 years
  • Monetary fines of up to $5,000
  • Up to 5 Years Probation
  • Restitution

A viable criminal defense attorney will be able to examine the details surrounding your case and determine a viable defense strategy that will stand up in court.

Assault With a Deadly Weapon Penalties

Using a deadly weapon immediately enhances the penalties an individual faces for an aggravated assault charge. In the state of Florida, the courts require mandatory minimum sentencing whenever a deadly weapon is used for specific crimes. Mandatory sentencing includes:

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

Furthermore, in Florida, it’s a punishable offense to simply possess a firearm or deadly weapon when you’re involved in a crime. A “deadly weapon” generally refers to anything that’s designed, modified, or made for the specific purpose of inflicting serious harm or death.

“Possession” means carrying the weapon or having the weapon directly within your reach while committing a crime. Just like using a deadly weapon automatically elevates the penalties associated with aggravated assault, so does the use of a firearm. Mandatory minimum penalties if a firearm or deadly weapon gets discharged during an aggravated assault or battery include:

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

Cases in which a firearm gets discharged can be extremely difficult to defend. However, an experienced criminal defense lawyer like the attorneys at The Umansky Law Firm understands what it takes to develop a credible strategy.

Defending Your Case After an Arrest for Aggravated Assault

If you’re arrested for aggravated assault, get the help of a lawyer as soon as possible. Aggravated assault or assault with a firearm in Florida is a serious offense. Without an experienced law firm, you could end up with a fast-talking attorney who promises the world but doesn’t deliver.

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 about 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 are cornered into taking a plea deal at the last minute because they were told it was their only option. At that point, it’s usually too late to hire a better attorney.

Our Process for Defending Aggravated Assault Cases

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 and eyewitnesses to the altercation, and take statements from anyone who was at the scene at the time.
  • Our attorneys will work on setting bail 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.

To inquire about a defense strategy for your case, we invite you to schedule a free case evaluation with one of our attorneys.

Potential Defense Strategies for Aggravated Assault

If you’ve been charged with aggravated assault in Florida, we can raise defenses that include conditional threats 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.

Speak With a Lawyer About Your Case Today!

If you’ve been charged with Aggravated Assault with a Deadly Weapon in Florida, it’s time to contact an attorney right away. At The Umansky Law Firm, our criminal defense attorneys understand the emotions that are involved when you’re charged with aggravated assault with a deadly weapon. We believe everyone deserves a second chance and we will prepare the best defense that’s custom-tailored to your case and that suits your needs and goals.

We have tried hundreds of cases in Florida courtrooms and have even been featured on numerous national media outlets and affiliates, including The Wall Street Journal, USA Today, Newsweek, NBC, CBS, FOX and more. To speak with our firm about your aggravated assault charges, contact us online or call 407-228-3838.

 

Back to top

How Strong Is Your Case?