Intoxication, especially in public, may lead you to do things you might not otherwise do. For this reason, intoxication is a common cause of aggravated assault. According to Florida Statutes, an aggravated assault is “an assault with a deadly weapon without intent to kill; or with intent to commit a felony.” Aggravated assault is a felony of the third degree with penalties including five years of imprisonment, five years of probation, or a $5,000 fine.
The Rickman Law Firm believes you are innocent until proven guilty, including cases involving intoxication. In this brief article, an aggravated assault attorney in St. Petersburg will discuss what constitutes an aggravated assault, why intoxication can play a role, and what to do if you are involved in an aggravated assault.
As mentioned above, aggravated assault is defined as an assault with a deadly weapon without intent to kill, or with intent to commit a felony. A deadly weapon does not necessarily have to be a knife or a gun. In fact, in Loninger v. State, 846 So. 2d 1192 (Fla. 4th DCA 2003), the use of a beer bottle to strike a victim on the head was regarded as the use of a “deadly weapon.”
While under the influence of alcohol, your judgment may be impaired, and a bar may be filled with deadly weapons. Heated arguments can quickly become a barroom brawl with weapons, including beer bottles, knives, heavy chairs, and other heavy objects around.
A major issue when intoxication is involved is with positively identifying suspects. If all parties are drunk, you may be accused of being involved in an aggravated assault in which you were not a party to. Further, your judgment may be impaired, and you may not understand that something as simple as a heavy ashtray or a broken beer bottle can constitute a deadly weapon.
Of course, the best way to avoid being accused or involved in an aggravated assault while intoxicated is to avoid situations where things may go south or where you may feel unsafe. However, that may not always be achievable, which is why it is so important to store the contact information of the best aggravated assault lawyer in St. Petersburg in your phone.
Charges of aggravated assault are sobering. As mentioned above, aggravated assault is a felony of the third degree with penalties including five years of imprisonment, five years of probation, or a $5,000 fine. These penalties do not account for the additional lost wages and lost time spent dealing with aggravated assault charges in court if you do not have the best legal representation available.
If you have been arrested and charged with aggravated assault, the attorneys at The Rickman Law Firm have the knowledge, resources, and experience needed to defend you. When defending an aggravated assault charge, the details involved in the case are extremely important. Hiring an experienced aggravated assault lawyer in St. Petersburg who understands the complex laws pertaining to aggravated assault is crucial. If you have been accused of aggravated assault, hiring an attorney that can closely evaluate your case may end up being the difference between serving a prison sentence or being found innocent of a crime.
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.