Orlando Aggravated Assault Attorneys

In Florida, aggravated assault is charged as a felony offense; essentially, the crime of assault is enhanced from a misdemeanor to a felony because either the accused individual intended to commit a felony in the assault, or had a deadly weapon in his/her possession at the time without the intent to kill. As dedicated aggravated assault attorneys, we understand the serious consequences you may face if found guilty of this offense. Our top priority is to protect your legal rights and provide aggressive legal guidance and representation so that the best possible results may be obtained.

When accused of aggravated assault, there are a number of defense strategies that have proven to be effective in preventing a conviction. These defenses include, but are not limited to:

Self-defense. If you had reason to fear for your own safety or the safety of someone else, it is lawful to protect yourself or others in your company.

Consent. If the alleged assault occurred in the context of an activity such as wrestling, martial arts, or other activities that individuals consent to which may present an element of danger, consent may be an effective defense.

Defense of property or others. Most courts allow the use of reasonable force in preventing damage or theft of one's own property. Acting to protect others in your presence from perceived harm may also be a legitimate defense.

There are several defenses which may be effective in a particular case, depending on the circumstances and facts of that case. It is highly recommended anyone who is arrested or charged with aggravated assault contact an experienced criminal defense attorney in right away.

In Florida, aggravated assault is a third-degree felony offense which may result in severe criminal penalties for those convicted. While it is essentially assault committed using a deadly weapon, the type of weapon has an impact on the penalties an individual may incur if found guilty. Penalties are as follows:

Under Florida Statute 784.011, aggravated assault is punishable by a maximum of five years in state prison. However,

1. when a firearm or destructive device is the deadly weapon, the mandatory minimum sentence is three years in prison;
2. when the firearm or destructive device is discharged during the commission of the crime, the mandatory minimum is 20 years in prison;
3. when a semi-automatic firearm or machine gun was the weapon involved, the minimum sentence is 15 years in prison if the weapon had a magazine or detachable box capable of holding a minimum of 20 center fire cartridges;
4. when the type of firearm listed in (c) above is discharged during the assault, the mandatory minimum prison sentence is 20 years;
5. if death or great bodily harm occurred because of the discharge, the minimum prison term will be 25 years, with a maximum sentence of life in prison.

With this crime, criminal penalties run the gamut depending on the circumstances in each individual case. This is why it is critical that anyone accused of this crime consult with a qualified aggravated assault defense lawyer immediately.

A conviction for aggravated assault will not only result in a loss of freedom, it will negatively impact your career, reputation, and family relationships as well. Individuals who hold a professional license may be unable to have their licenses renewed following a felony conviction. At Adams, Luka, & Benton, we take a dedicated and aggressive approach in defending clients charged with aggravated assault, using our skill, experience, and knowledge to obtain positive results. Don't put your freedom and future in jeopardy; contact us now for a free consultation.