The felony offense of aggravated assault punishes the threat of violence with a deadly weapon or firearm. Actual physical harm is not required. In many of these cases, the only harm is putting the alleged victim in fear of an immediate act of violence. Aggravated assault usually occurs after a physical threat of violence, but under certain circumstances is also accompanied by a verbal assault. Defenses to aggravated generally include official acts such as an lawful arrest, self-defense, defense of others, and the the prevention of crime.
If you were arrested for any simple assault case that does not involve a deadly weapon, find out more about simple assault under Florida law.
Tallahassee Aggravated Assault Lawyer
Call an experienced criminal defense lawyer at the Law Offices of Don Pumphrey, Jr., to discuss your charges for aggravated assault and potential defenses. The prosecutor with the State Attorney's Office typically makes a filing decision within the first twenty-one days after an arrest. Hiring an attorney early in the process gives your attorney an chance to present mitigating evidence and attempt to convince the prosecutor to file no charges or at least lesser charges such as a misdemeanor simple assault charge, carrying a concealed weapon or improper exhibition of a firearm.
Our attorneys represent clients charged with aggravated assault in Tallahassee for Leon County, FL, and the entire Big Bend region including Monticello in Jefferson County, Quincy in Gadsden County, Crawfordville in Wakulla County, and Bristol in Liberty County, Florida.
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Florida Aggravated Assault Information Center
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Aggravated Assault - Florida Statute § 784.021
An aggravated assault charged under Florida Statute Section 784.011 is a third degree felony punishable by a $500 fine and five (5) years in Florida State Prison. Aggravated assault requires that the following elements be proven by the prosecutor at trial beyond all reasonable doubt:
- The person accused unlawfully and intentionally threatened, either physically or verbally, to do violence to the victim;
- At the time of the act, the person accused appeared to have the ability to carry out the threat;
- The act by the person accused created a well-founded fear in the mind of the alleged victim that the violence was about to take place; and
- The assault was made with a deadly weapon; and
- The assault was made with a conscious and fully-formed intent to commit the crime charged upon the victim (although the prosecutor does not have to prove that the defendant had any intent to kill the victim).
Florida's aggravated assault statute defines the term "deadly weapon" to include any weapon that is either used or threatened to be used in a manner likely to produce great bodily harm or death. In many cases, lesser included offenses include discharging a firearm in public under Florida Statute Section 790.15 and improper exhibition of a dangerous weapon or firearm under Florida Statute Section 790.10. The standard jury instructions for aggravated assault were approved in 1981.
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Aggravated Assault on Law Enforcement Officer (LEO) or Firefighter - Florida Statute § 784.07(2)(a)
Florida Statute for aggravated assault on a law enforcement officer (sometimes called "aggravated assault on a LEO") provides for serious felony penalties and punishments. The assault and aggravated statute statutes both cover certain types of victims including federal, state and local law enforcement officers, correctional officer, probation officers, accident investigation officers, parking enforcement specialist, traffic infraction enforcement officers, emergency health care providers, firefighters, and traffic security officers employed by the Board of Trustees of a Community College.
In addition to the above mentioned elements for aggravated assault on a covered employee, the prosecutor must also prove the following elements beyond all reasonable doubt at trial:
- The person accused knew the alleged victim was a law enforcement officer (LEO), firefighter, emergency health care provider (or other covered person); and
- At the time the aggravated assault occurred, the alleged victim was engage in the lawful performance of his or her duties.
Lesser included offense may include less serious felony offenses such as assault on a law enforcement officer or aggravated assault. Lesser included offense may also include simple misdemeanor assault, discharging a firearm in public under Florida Statute Section 790.15 and improper exhibition of a dangerous weapon or firearm under Florida Statute Section 790.10.
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Aggravated Assault on an Elderly Person 65 Years of Age or Older - Florida Statute § 784.08(2)(b)
An aggravated assault committed against an elderly person who is 65 years of age or older is subject to enhanced penalties. The elements for this offense are the same as aggravated assault except that the prosecutor must also prove that the alleged victim was sixty-five (65) years of age or older.
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Florida Aggravated Assault Resources
Florida's Aggravated Assault Statute - Find the statutory language and legislative history of the aggravated assault statutes from the Florida Legislature's official website of property.
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The Law Offices of Don Pumphrey, Jr. | Aggravated Assault Defense Attorney in Tallahassee
Contact an experienced Leon County violent crime defense attorney with the Law Offices of Don Pumphrey, Jr., to talk about any arrest or prosecution for aggravated assault in Tallahassee in Leon County, FL, and the surrounding areas of Quincy in Gadsden County, Monticello in Jefferson County, Bristol in Liberty County, and Crawfordville in Wakulla County, Florida.