In Jacksonville, when a person is arrested for Florida assault, he or she may be accused of simple assault or a much more serious Florida assault charge. Under Florida Law, the crime of assault can be charged under assault, aggravated assault, assault of law enforcement officers (including firefighters, emergency medical care providers, public transit employees or agents, or other specified officers), assault on sexually violent predators detention or commitment facility staff, assault on the elderly (someone over 65 years of age), assault by a person who is being detained in a prison or jail, or assault on code inspectors.
These Florida crimes are listed under Chapter 784 of the Florida Statutes. For instance, Jacksonville Aggravate Assault is set forth in Section 784.021, Florida Statutes. It occurs when:
- A person intentionally and unlawfully threaten, by word or act, to to violence to the alleged victim.
- At the time the person appeared to have the ability to carry out the threat.
- In the victim’s mind, the act or words created a well-founded fear that the violence was about to take place.
- The assault occurs with a deadly weapon without intent to kill; or
- with an intent to commit a felony
An aggravated assault is a third degree felony and is punishable by up to five years in prison. In Florida, aggravated assault with a firearm is taken very seriously. It carries a minimum mandatory sentence of three (3) years in the Florida State Prison. Therefore, if you are convicted of aggravated assault with a firearm in Jacksonville, you are looking at serving at least 3 years in prison, since a gun was used during the assault.
There are many ways to defend an against n Florida Aggravated Assault charge. These include showing that you were justified in your actions, that there was no apparent ability to carry out your threat, that the victim had no reason to fear the words or actions, or that the victim was unaware of them at the time it occurred. In addition, if the state attorney cannot prove use or possession of a deadly weapon or the intent to commit a felony, the defendant cannot be convicted of the crime of aggravated assault. Often by investigations and interviewing the witnesses, inconsistencies and differences can be found that would create a reasonable doubt of the occurrence of the events.
As a Jacksonville Assault Lawyer, Cynthia Veintemillas, has extensive experience with Jacksonville assault and aggravated assault. She is a Jacksonville Criminal Defense Lawyer that has represented clients charged with aggravated assault with a gun that were falsely accused and some that only acted in self-defense. A Florida aggravated assault case should be investigated by a Florida Criminal Attorney as soon as possible to prevent further damage.
If you have been charged with a crime of aggravated assault in Jacksonville or the surrounding areas of Florida or believe you are under investigation of an aggravated assault or other criminal activity call a Jacksonville Aggravated Assault Lawyer. Contact a Jacksonville Criminal Defense Lawyer at 20 Miles Law. You can contact a Jacksonville Criminal Defense Attorney at (904) 564-2525 or by email.