Under Florida Statute 784.021, Aggravated Assault can be defined as “an assault with a deadly weapon without intent to kill and/or with an intent to commit a felony.”
In the state of Florida, an Aggravated Assault is committed when:
- The accused defendant intentionally and unlawfully threatened to do violence to the alleged victim, by word or action
- The accused defendant appeared to be capable of carrying out the threat at the time the threat was made
- The threat made by the alleged defendant created a justifiable fear that the violence was going to take place
- The assault was committed with a deadly weapon or was committed with the intent to commit a felony
For a felony of the third degree, if convicted, one can face a term of imprisonment up to five (5) years and a fine up to $5,000.00.
- The words or actions were not intentional
- The intent to commit a felony is not clear
- The alleged defendant was not in close enough proximity to carry out the threat
- The alleged defendant did not have the immediate ability to carry out the threat
- The instrument used does not fit the definition of a “deadly weapon”
- The alleged victim's fears are not justified
- False allegations
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There are many factual and legal issues that must be investigated and evaluate when someone is charged with Aggravated Assault. Because of the complexities and penalties associated with an Aggravated Assault charge, it is imperative that you speak with a knowledgable criminal trial lawyer right away.
If you or someone you know has been accused of an Aggravated Assault in the Pinellas County or surrounding areas, it is very important that you contact an experienced attorney immediately. Our team of attorneys, investigators, and experts are highly skilled in defending crimes and will begin building your defense today.
Contact us for a free analysis of your case at our local office located in Clearwater, Florida. Call Powers Sellers & Finkelstein today at (727) 531-2926 to learn about your legal options if you have been accused of Aggravated Assault. Start building your defense immediately!