Orlando Aggravated Assault Defense Attorneys
One-on-One Legal Attention & Honest Counsel in Orange County
The thought of facing a criminal charge of any kind is enough to fill any person with stress and anxiety. However, if you are facing the accusation of aggravated assault, you may be feeling even greater emotions of dread and fear, since the penalties for these crimes are even more severe. Do not let the burden of facing these accusations alone weigh you down. If you have the support of our Orlando aggravated assault attorneys, you can trust that we will fight for your rights with determination and skill.
Call us today at (407) 988-0992 or reach us online so that Alers Law Firm can fight for the justice you deserve.
Understanding Aggravated Assault Charges in Florida
According Florida law, any behavior where an individual or group intentionally and unlawfully uses a deadly weapon in order to threaten another person counts as aggravated assault. Even if the accused does not actually use the weapon, but simply creates anxiety of impending harm or violence, this still counts as assault.
A “deadly weapon” does not have to be just a gun or knife, or another tool which we traditionally associate as being a weapon. Even if the defendant is using any nearby tool that is not normally associated as a weapon, it counts in this regard if it is being used in a threatening way that could potentially produce bodily harm or even death.
Aggravated Assault Penalties
As designated by Florida crime laws, aggravated assault counts as a third-degree felony and designated as a Level 6 in terms of severity rankings for criminal offenses. The penalty is a $5,000 fine, with the defendant serving up to five years in prison and five years of probation.
However, there are cases where the normal aggravated assault charge and penalty can be raised even higher than its original requirement. For example, if the reported victim was a member of law enforcement, an emergency medical technician (EMT), or a firefighter, the charge gets upgraded from being a third-degree felony to a second-degree felony. This also means that the accused perpetrator will have a mandatory prison sentence of at least three years.
Defending Against Your Charges
Fortunately, our respected defense attorneys are well-acquainted with defending our clients from the accusation of aggravated assault, including such:
- Idle threats – If a person has merely made an idle threat, one that is in a joking manner or without actual intention to resort to violence, this cannot count as an assault. Idle threats are not accompanied by physical behavior, so there is no justification for believing that the person will complete the action of the threat.
- Conditional threats – Just because a person has claimed a threat to act violently in the future at a certain unspecified time does not count as an assault.
- Unreasonable fear – If the acclaimed victim was taunting the defendant, or did not think the defendant would later put the threat into action, this cannot count as aggravated assault. Since the victim accusing the defendant was themselves participating in aggravation, or simply did not feel threatened because they did not believe force would take place, that person may not suddenly change their mind and accuse the defendant out of pettiness.
Get Qualified Legal Representation
One of the most dreadful aspects of being accused of aggravated assault is the fact that if you plead guilty, the court records for your arrest as well as your trial will never be expunged or sealed. Even if you are a first-time offender, you will still be forced to face the horrible consequence of having a criminal record permanently. This is why it is crucial to rely on our experienced bilingual advocates at Alers Law Firm.
Contact us now at (407) 988-0992 so that our Orlando aggravated assault attorneys can defend you against unfair accusations. Se habla Español!