A commonly held misconception of assault is that a victim has to be physically touched for someone to be charged. According to Florida law, an assault is an intentional and unlawful threat by word or act to commit violence against another person; with the apparent ability to carry through with the threat at the time it was made. The act must incite genuine fear within the victim that violent harm is imminent. For an assault to be elevated to an aggravated assault, the incident must have the following qualities:
- Involve a deadly weapon. “Deadly weapon” is defined as a knife, firearm, car, bat, stick, or any instrument used with the intent to inflict bodily harm on an individual or lead to death.
- In the commission of a felony.
- Combined with the intent to kill.
Penalties for Aggravated Assault
An aggravated assault conviction is considered a third-degree felony and carries with it a maximum five-year prison sentence. However, there are a number of conditions that can lead to a longer sentence. If a firearm was involved, the defendant will face a mandatory three-year prison sentence. If the aggravated assault with a deadly weapon involved a police officer, a mandatory three-year sentence will also apply. If the firearm is discharged and it leads to serious injury or death, the penalty may be raised to 25 years to life in prison.
Why You Need an Aggravated Assault Lawyer in Tampa
Aggravated assault is a serious charge that carries a severe set of life-changing penalties. If you are accused of this crime, seek legal representation immediately. Anthony Rickman is an aggravated assault lawyer in Tampa with a wealth of experience successfully representing clients in cases involving violent crimes. Mr. Rickman works diligently to build a comprehensive and thoughtful defense for each of his clients. He will attain the details of your situation and work to disprove the prosecution’s case. Mr. Rickman will also work to determine if your case can be dismissed. With thorough research and sound legal strategy, Mr. Rickman can successfully protect your interest.
Defenses for Aggravated Assault
There are a number of arguments that an aggravated assault attorney in Tampa will bring forth on your behalf. These include:
- – Self defense
- – Lack of intent
- – Stand your ground
For a free consultation with an experienced aggravated assault lawyer 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.