**if you are a victim of Violent Assault, call 911 immediately**
As defined under Section 784.021, Florida Statutes, Aggravated Assault consists of four factual elements:
To be considered aggravated assault, the following elements must be present:
- The accused intentionally and unlawfully threatened, by word or act, to do violence to the alleged victim.
- At the time the threat was made, the accused appeared to have the ability to carry out the threat.
- The accused’s threat created in the mind of the alleged victim a well-founded fear that violence was about to take place.
- The assault was made either with a deadly weapon or with a fully formed conscious intent to commit a felony.
In summary, aggravated assault involves an assault with an additional act, such as using a deadly weapon or the intent to commit a felony.
In order to prosecute for aggravated assault, the prosecution must prove that the accused had the intent to threaten violence against the alleged victim. This is the first element of intent that must be established in an aggravated assault case.
ASSAULT WITH INTENT TO COMMIT FELONY
In an aggravated assault case, the fourth element required for prosecution is the conscious intent to commit a felony. This can be present in cases where the defendant engages in a variety of felonies, including robbery, rape, murder, and burglary. When prosecuting on this basis, the defendant’s intent to commit the felony is central to the charge and must be specifically alleged in the charging document. The charge can be proven using direct or circumstantial evidence, such as statements or actions indicating the intent to commit the felony.
PENALTIES FOR AGGRAVATED ASSAULT
In Florida, Aggravated Assault is a serious offense that is punishable by up to 5 years in prison or 5 years of probation and a fine of up to $5,000. The state takes a tough stance on this offense and even first-time offenders may face the possibility of imprisonment. It is important to seek legal counsel if you have been charged with Aggravated Assault in Florida.
In Florida, the penalties for Aggravated Assault can be significantly increased if a firearm is discharged during the commission of the offense. In these cases, the punishment can include mandatory prison time of up to 20 years. It is crucial to seek legal representation if you have been charged with Aggravated Assault involving the use of a firearm.
MEANING OF “DEADLY WEAPON”
The definition of a deadly weapon in Florida law is broad and includes any object that is used or threatened to be used in a way that is likely to cause death or serious bodily injury. Examples of deadly weapons include firearms, knives, and other sharp objects. The use of a deadly weapon during an assault can greatly increase the severity of the charges and the potential penalties if the individual is convicted. It is important to speak with an experienced criminal defense attorney if you have been charged with Aggravated Assault involving a deadly weapon in Florida.
- Threatening someone with a knife or gun
- Hitting someone with a baseball bat or other object with the intent to cause harm
- Pointing a laser pointer at someone in a way that could cause temporary blindness
- Using a car as a weapon, such as by intentionally hitting someone with a vehicle
- Shooting a firearm, even if no one is hit
- Using a fake weapon, such as a toy gun, to threaten someone
- Throwing acid or other corrosive substances with the intent to cause harm
It’s important to note that the definition of a deadly weapon can vary by state. In some jurisdictions, a deadly weapon may also include household items like scissors or a frying pan if they are used in a way that could cause serious injury or death. It’s always best to consult with a lawyer if you have questions about the specific laws in your state.
If your injuries are non-life threatening, visit your nearest urgent care walk-in clinic for immediate attention.
DEFENSES FOR AGGRAVATED VIOLENT ASSAULT
Aggravated Assault is often a highly defendable charge because of the absence of physical injuries and because of factual disputes as to how the alleged incident occurred. Some of the more common defenses include the following:
- Self-defense: If the defendant can show that they were acting in self-defense or in defense of another person, they may be able to have the charges dismissed. This defense can be successful if the defendant can show that they had a reasonable belief that they or someone else was in imminent danger of bodily harm and that the use of force was necessary to prevent that harm.
- Lack of intent: In order to be convicted of Aggravated Assault, the prosecution must be able to prove that the defendant had the intent to threaten violence or commit a felony. If the defendant can show that they did not have this intent, they may be able to have the charges dismissed.
- Accident: If the defendant can show that the alleged assault was the result of an accident or unintentional action, they may be able to have the charges dismissed.
- False accusation: If the defendant can show that the allegations are not true and that they were falsely accused, they may be able to have the charges dismissed.
It is important to note that these are just a few of the potential defenses that may be available in an Aggravated Violent Assault case. The specific defenses that may be available will depend on the individual circumstances of each case.
If you have been the victim of an aggravated violent assault, it is crucial to seek medical help as soon as possible. Aggravated assault is a serious charge that carries severe penalties, including prison time and large fines. It is important to understand that a weapon does not have to be used or actually present in order for an assault to be considered “aggravated.” In Florida, a deadly weapon is any object that is likely to cause death or serious injury when used or threatened to be used in a certain way. If you have been a victim of a violent assault, it is important to call 911 for immediate assistance. If your injuries are not life-threatening, you can also visit a nearby walk-in clinic to receive a full body assessment from a medical professional.