Aggravated Assault in Florida
What is Aggravated Assault?
If you are charged with Florida Statutes 784.021 Aggravated Assault in Orlando Osceola County/Kissimmee Brevard- you need to know that this is a serious violent felony offense. If a gun is involved as the ‘deadly weapon’ then the Judge must impose a minimum mandatory three (3) years in prison! If the action charged stems from ‘intent to commit a felony’ then the State must specify with particularity exactly what felony was intended.
Aggravated Assault is a third degree felony punishable by up to 5 years in a state prison, 5 years on probation and up $5000.00 fine, unless you have been released from prison within the last two years, in which case, the penalties increase, depending on which designation the State Attorney’s office chooses to pursue.
Agg Assault is ‘Assault’ plus ‘with a deadly weapon without intent to kill’ (OR) ‘with intent to commit a felony.’ Assault is defined as an intentional, unlawful threat by word or act to do violence to the person of another, 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. Plain assault without a ‘deadly weapon’ is only a second degree
Aggravated Assault on a Law Enforcement Officer is even more serious- it is a second degree felony punishable by up to fifteen (15) years in a state prison, fifteen (15) years on probation and up to $10,000.00
Call 407.504.1384 now, to speak directly to Orlando Aggravated Assault defense attorney Heiko Moenckmeier to learn more about your case and your defenses.
Are there defenses to my Orlando Osceola Seminole Brevard County Aggravated Assault case?
Yes, there are defenses including that the weapon was not deadly.
Oftentimes, the deadliness of a weapon is how its used. This is mostly a question for the jury. Such as a car being driven AT someone (counterpoint- they jumped in front of it as the Defendant was trying to deescalate by leaving), a tiny pocket knife- witness testimony will have to corroborate the manner in which it was being wielded, bleach has been found to be deadly based on the manner it was used, beer bottles etc.
- -Necessity or that you acted under Duress (Requires special jury instruction)
- -Alleged victim lying and the accusations are a complete fabrication
- -Inability and Impossibility to carry out the threat or act
- -Alleged victim wasn’t scared
The State Attorney has to prove each of the following elements beyond a reasonable doubt: intentional, unlawful threat by word or act to do violence to the person of another, 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.The State Attorney would also have to prove that the weapon was deadly (and that a weapon even existed) or that it was The standard used is a ‘reasonable person.’ Each term is defined by the case law.
There are certain motions in limine that can be filed if the alleged illegal contact was made via Text Message or Email.
You need an evaluation of your particular case in order to develop and execute your legal defense strategy. Call 407.504.1384 now, in order to speak directly to Aggravated Assault Defense Lawyer Heiko Moenckmeier so your case, and your defenses can be evaluated and established.
Experienced Central Florida Aggravated Assault Defense Attorney
As a former public defender, I have over 8 years of criminal defense experience in Central Florida and use that knowledge to fight these Aggravated Assault Charges. Often, these cases need to go to jury trial, and I have the experience and past success that you’re looking for to defend you in the fight for your freedom. Call 407.504.1384 now in order to speak directly to defense attorney Heiko Moenckmeier. You call, an attorney answers. Your initial consultation is free. I handle cases throughout Central, West and South Florida.