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Aggravated Assault Introduction
You need to start off by becoming familiar with what aggravated assault is if you want to fight it or minimize its effect on your life. The most common understanding is basically threatening someone with a gun or deadly weapon. By its very nature this kind of charge is very common, since it is easy to commit, and at the same time it is easy to accuse someone of this falsely because it usually is based on what one person says happened. Another common factor which is involved in this accusation is lots of emotional tension between the parties involved. Typically the parties involved, accuser and accused, have some sort of emotional tension between them which gives rise to some sort of dramatic confrontation or at least a hostile motive underlies the relationship. Because of this it can cause harsh sentences, tough prosecution, and lots of difficulty getting out of a situation which is tense from beginning to end. An experienced aggravated assault lawyer like Matt Landsman has seen situations like yours before and helped clients through it getting the best outcomes possible.
Definition of Aggravated Assault and Simple Assault
Aggravated assault is an assault with a deadly weapon without intent to kill. Aggravated assault is a third-degree felony, punishable by up to up to five years in prison. Aggravated Assault is controlled by Fl. St. 784.021. The simplest example of this is pointing a firearm at someone with the intent to scare them.
A simple assault is a second-degree misdemeanor, and it is punishable by up to 60 days in jail. Assault is defined by Florida law as “an intentional, unlawful threat by word or act to do violence to another person, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.” Assault is controlled by Fl. St. 784.011. The simplest example of this is threatening to punch someone while raising your fist.
Degrees and Penalties of Aggravated Assault
Aggravated Assault is typically a third degree felony as stated above, meaning it can put you in prison for up to 5 years. Simple assault can land you in jail for up to 60 days. Under rare circumstances Aggravated Assault can be enhanced to a second degree felony punishable by up to 15 years in prison if a law enforcement officer is the victim of the crime.
Not only are there the basic statutory prison penalties associated with Aggravated Assault, you also need to realize that Aggravated Assault is a high scoring offense within Florida’s CPC (or Criminal Punishment Code). It is scored as a level 6 offense which carries 36 points with no criminal record. This means even if it’s a first offense with no criminal record, a judge could still send an offender to prison without having to justify the reason for doing so in writing.
It’s a charge that must be taken very seriously. By hiring the best aggravated assault lawyer in Gainesville or the North Florida region including Alachua, Levy, and Gilchrist County, a person has the greatest chance of securing the best possible outcome under challenging circumstances. The resolution obtained in an aggravated assault case, like any criminal case, may likely follow an accused around for the rest of his/her life. Obtaining the best outcome is essential.
Defenses explained by Aggravated Assault Lawyer
Often, these cases are either overcharged or simply lacking in evidence. for example, someone gets into a shouting match following a road rage incident, then thinks the other driver has a weapon, they may jump to the conclusion they are the victim of an aggravated assault even though there wasn’t really a weapon at all. Or in the alternative, two people could be on the verge of fighting each other, and one or both is armed, but a true assault never occurs and the victim simply jumps to conclusions about what exactly was being said or physically done.
A talented, experienced aggravated assault lawyer can take whatever steps are necessary to preserve evidence that could clear up any misunderstanding, prove a different version of events, or minimize any negative evidence to present facts in light most favorable to the defendant.
If charges aren’t dropped, often times they can be reduced. In some instances, an aggravated assault charge can be reduced to a lesser charge like improper display of a weapon or simple assault. Both of those charges are misdemeanors, which carry significantly less penalties than aggravated assault. A misdemeanor charges carries a maximum penalty of up to a year in jail as opposed to a felony, which is punishable by up to five years in prison.
Defenses to Aggravated Assault
Matt Landsman is an experienced criminal defense lawyer and has tried a large number of cases, including those in which the defendant is facing aggravated assault charges. and is well versed in the possible defenses used in such cases, such as
In some instances if the state is seeking a prison sentence, it can still be possible to get a reduced sentence if the accused is able to present downward mitigators, for example, if this incident is ”committed in an unsophisticated manner, an isolated incident, and the defendant has shown remorse” the Court can give a more lenient sentence avoiding potential prison time. It’s not uncommon for judges and/or prosecutors to then offer very reasonable plea offers in lieu of having to go to trial and/or lengthy prison terms.
At the Law Office of Landsman Law, Matt Landsman has handled countless aggravated assault cases over the years and achieved phenomenal results for clients. If you’re under investigation, and/or have been arrested and charged with this offense, call an aggravated assault lawyer in Gainesville today . We are available 24/7 to serve you. We’ll be there for you throughout the process, zealously and aggressively fighting for your rights.
Get Informed from an Expert Gainesville Aggravated Assault Lawyer
If you are charged with an aggravated assault or battery or any of their variants, it is important to be well informed regarding the charges against you, your legal rights, options which may be available to you, viable defense strategies, and if the case goes to trial, aggressive defense of your legal rights and freedoms. Depending upon the circumstances and evidence you may be able to get the violent crime or aggravated assault charges dropped, reduced, negotiated, or probation instead of jail time. Call an expert Aggravated Assault lawyer experienced in Aggravated Assault and Gainesville Violent Crime Defense Lawyer Matt Landsman for a free consultation today.