3 Ways an Aggravated Assault Charge Can Be Challenged Part 2

If you or someone you know is found guilty of aggravated assault, you could face prison or jail time with a lifelong criminal record. Rest assured that there are many defenses you can raise to refute an aggravated assault charge, but in order to do so, it’s critical to consult with a felony defense attorney in Tampa.

This article will conclude our series on aggravated assault defenses; read part one for the beginning of the article.

Necessity and Duress

A necessity and duress defense is one that is raised when an individual commits an illegal act against someone else to prevent serious harm to themselves or someone else. Upon examining the evidence of the case, it must be proven that the one claiming the necessity or duress defense acted because:

  • • There was imminent danger that posed a threat of harm
  • • The danger could not be avoided
  • • The individual did not cause the danger
  • • The act was committed to avoid the danger
  • • The potential harm was greater than the individual’s act of defense

Felony Charge

Under Florida Statute, 784.21, aggravated assault with a deadly weapon without intent to kill or with the intent to commit a felony is classified as a Third-degree felony, which carries a mandatory prison sentence of 3 years (if a firearm is used) or up to five years in prison, up to five years probation, and a $5000 fine. A deadly weapon is anything that can be used to cause death or great bodily harm.

A felony defense lawyer in Tampa understands the requirements necessary to establish a strong defense for your particular case. If you have been charged with aggravated assault, don’t delay, get in touch with an aggressive defense attorney immediately.

For a free consultation with an experienced felony defense attorney in Tampa, please contact The Rickman Law Firm at (813) 712-8736 or submit our contact request form.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.

Case Results

INVESTIGATION FOR AGGRAVATED ASSAULT WITH A DEADLY WEAPON CLOSED PRIOR TO ANY ARREST OR CHARGES MADE BY THE STATE

The Client was accused of aggravated assault with a Firearm. It was alleged that during a traffic altercation (road rage incident) the Client pointed a firearm at another driver. As a result of the allegation,
Show More

FELONY POSSESSION OF COCAINE CHARGE ADMINISTRATIVELY DISMISSED

The Client was arrested and charged with Possession of Cocaine after being stopped by law enforcement for speeding and upon being stopped, the law enforcement officer conducted a search of the Client’s vehicle where they
Show More

POSSESSION OF DRUG PARAPHERNALIA AND POSSESSION OF CONTROLLED SUBSTANCE CHARGES DISMISSED

The Client and the Client’s spouse were arrested for Possession of Drug Paraphernalia and Possession of a Controlled Substance after being stopped by law enforcement in Ybor City for allegedly possessing a pipe
Show More