Punta Gorda Aggravated Assault Lawyer

Punta Gorda Aggravated Assault Attorney

Convictions for serious charges, like aggravated assault, can have a long-lasting impact. Harsh sentences include incarceration and severe fines, and criminal records can make getting a job, housing, loans, and government benefits significantly more difficult. With such stakes on the line, you need a skilled Punta Gorda aggravated assault lawyer from the team at Ruhl Law, P.A., on your side. We can make sure your rights and interests are protected. If you are facing other criminal charges, a local Punta Gorda criminal defense lawyer can provide comprehensive legal support to protect your rights.

What Is Aggravated Assault in Florida?

Florida defines aggravated assault as the use of a deadly weapon to threaten someone with serious physical harm. These charges also apply when the threat is part of an intent or attempt to commit another felony act, like carjacking. The offender must have the ability to actually hurt the person, and their action must lead the person to believe the threat.

However, the individual does not have to use or even show the deadly weapon to warrant aggravated assault charges. Threatening to use a deadly weapon and acting in a way that makes the other person believe that the threat is immediate and could actually happen can be enough to be charged with the offense. Aggravated assault is also frequently charged with other offenses, like domestic violence, disorderly conduct, battery, or vandalism.

What Is a Deadly Weapon?

Aggravated assault often involves using a deadly weapon in a threat. However, not all weapons are necessarily a deadly weapon. Self-defense items, like pepper spray, or some knives made of plastic or with dull blades, such as a butter knife, are usually not considered deadly. However, even an item that is not designed to be a weapon could be viewed as a deadly weapon if it is capable of serious injury to another person. Some examples of deadly weapons are:

• Guns
• Antique firearms
• Fireworks
• Explosives, such as pipe bombs
• Chemicals, like acid or gasoline
• Crowbars, hammers, and other tools
• Steel-toed boots
• Blunt objects, like bats and glass bottles
• Cars, trucks, and other motor vehicles

What Crimes Count as Felonies?

The other criterion for aggravated assault is the threat of violence being used as part of the intent to commit a felony. A deadly weapon does not have to be part of the threat in these cases. Some common felony criminal offenses that could lead to aggravated assault charges, if they include a threat of serious harm, are battery, sex crimes, burglary, or drug charges.

What Are the Penalties for Aggravated Assault in Florida?

Aggravated assault is a felony in Florida and can result in a sentence that includes a large fine, years in prison, years of probation, or a combination of those penalties. In some cases, though, the sentence can be harsher. In addition, aggravated assault counts toward the Three Strikes Law in Florida. This law means that people with two violent felony convictions receive significantly more serious penalties for a third conviction, up to life in prison.

Protected Victims

The penalty for certain victims can extend the time in prison or on probation and raise the amount in fines. Such victims include:

• People over the age of 65
• Children
• Law enforcement
• Firefighters and emergency responders
• Healthcare professionals and personnel
• Public transit and railroad employees
• Detention or probation officers or staff
• Elected officials
• School employees
• Other government employees

Firearms

When the deadly weapon used is a firearm, the potential sentence is greatly increased. The sentence can go up several years if the person shows a firearm, and even more if they discharge the firearm. It can even result in a life sentence if someone is hurt or dies from the discharge. Other factors, like what kind of firearm was used and whether the assault happened near a school, can also increase the penalties after a conviction.

How Can a Criminal Defense Lawyer Help?

A criminal defense attorney can help by:

• Closely reviewing the facts of your case
• Explaining how the law applies to your specific circumstances and what your legal options are
• Working to create an aggressive defense strategy

In many cases, they can file pretrial motions and negotiate a reduction or dismissal of the charges without needing to go to court. If you do go to trial, they can provide steadfast representation to improve the chance of obtaining a favorable outcome.

FAQs

Q: How Many Years Is Aggravated Assault in Florida?

A: Sentences for aggravated assault in Florida can vary. Each case is unique, and the circumstances will dictate the specific sentence if the defendant is convicted. The exact sentence will depend on many factors, such as:

• Whether a weapon is used
• The kind of weapon used
• If there are other criminal charges involved, such as battery
• If the victim is in a protected group

Q: What Is the Difference Between Assault and Aggravated Assault in Florida?

A: The difference between assault and aggravated assault in Florida is the severity. Assault is always about making a threat of violence. However, if a deadly weapon was used in the threat or the threat happened as part of a felony, then the charge is aggravated assault instead. The possible penalties for aggravated assault are also more severe.

Q: What Is the Bond for Aggravated Assault in Florida?

A: The bond for aggravated assault in Florida can be a wide range. Because aggravated assault is a violent felony, a bond may be higher than it would be for non-violent or misdemeanor charges. The amount of a bond depends on the specific charges. Another key consideration is whether the defendant has a previous criminal record, especially if it contains other violent felonies.

Q: What Degree of Felony Is Aggravated Assault?

A: Aggravated assault is a third-degree felony in Florida. However, in some situations, it may be a more serious charge, depending on the specific circumstances of the offense. A qualified defense attorney can analyze the charges in your case and explain how the law applies to your individual situation.

Contact Ruhl Law, P.A., Today

The experienced criminal defense attorneys at Ruhl Law, P.A., can dramatically increase the likelihood of a positive outcome in your case. Aggravated assault is a serious offense, and judges in Florida often impose harsh penalties after convictions. If you’re facing an investigation or charges, contact Ruhl Law, P.A., to schedule a consultation and discuss your case.