Aggravated Assault Charge Defense
Polk County, Florida Criminal Defense Firm providing Criminal Aggravated Assault Defense Attorney – Lawyer Legal Services in Lakeland, Winter Haven, Bartow, Polk County, and the surrounding Central Florida area
What is Aggravated Assault?
According to Florida Criminal Statute §784.021, “aggravated assault” is an assault with a deadly weapon without intent to kill or with an intent to commit a felony.
Maximum Aggravated Assault Conviction Penalty
Whoever commits aggravated assault shall be guilty of a felony of the third degree which has a maximum penalty of 5 years in jail and a $5000 fine.
Aggravated Assault Information
Just as with any assault charge, aggravated assault charges are commonly associated with other crimes that may also be charged if the the prosecution elects to bring additional charges to make their case against you stronger, including but not limited to:
- Violation of a Protective “Restraining” Order;
- Sexual Assault;
- Assault or battery of an individual 65 years or older;
- Assault of a minor;
- Lewd and lascivious acts;
- Burglary; Theft, or Robbery; o
- Other misdemeanor or felony crimes which may relate to the incident for which you were arrested for.
Burden of Proof for an Aggravated Assault Conviction
In order for the prosecution to obtain a conviction for aggravated assault, intent must be proven beyond a reasonable doubt. Since intent is often very subjective, an experienced criminal defense attorney may get the aggravated assault charges reduced to misdemeanor assault or battery, or may be able to get the charges dropped or dismissed. For more information regarding the burden of proof relating to aggravated assault charges and potential defense strategies that may be available to you, contact our office by calling 863.937.9100.
If a dismissal of your aggravated assault charge is not possible, we will ensure you are fully aware of your legal options going forward such negotiating for a plea deal, or in the case of a trial ensure you are fully aware of every aspect regarding defense strategies that may best serve in the defense of the charges against you.
It is important to note that if the deadly weapon associated with the aggravated assault is a firearm, additional firearm charges may be included in the indictment depending upon the evidence collected against you.
Florida’s 10-20-Life Law
In 1999 the State of Florida, in an effort to be a pioneering State in reducing and eventually eliminating violent crimes involving firearms, passed and entered into law the 10-20-Life Statue included in 775.087 which stipulates:
A minimum 10 year prison term for certain felonies, or attempted felonies in which the offender possesses a firearm or destructive device;
A minimum 20 year prison term when the firearm is discharged;
A minimum 25 years to LIFE if someone is injured or killed;
A minimum 3 year prison term for possession of a firearm by a felon;
The minimum prison term is to be served consecutively to any other term of imprisonment imposed.
Each aggravated assault defense attorney, lawyer, and staff member in our law firm are ready to assist you in even the most difficult of legal challenges you may be facing. We will aggressively represent your legal needs, interests, and goals regarding your criminal aggravated assault issues, as well as other misdemeanor and felony criminal defense related legal issues
If you must address aggravated assault defense issues in Lakeland, Winter Haven, Bartow, Polk County, or the surrounding Central Florida area, speak to an experienced aggravated assault defense attorney – lawyer at Carroll Law Group, P.L. today by calling 863.937.9100.