Defending Against Felony Aggravated Assault Charges in FL
If you have been arrested for aggravated assault, it is important to retain an aggressive and experienced Sarasota aggravated assault lawyer as soon as possible. An assault charge is serious, and the consequences can be severe. You could be facing jail time, significant fines, and a permanent criminal record. Even worse, if you are convicted of aggravated assault, you could be facing a life sentence in prison. With such serious consequences, you cannot afford to go up against the state without an attorney by your side.
At the Law Offices of Eric Reisinger, P.A., we have helped countless clients in the Sarasota area fight their assault charges. Our team is highly skilled in all aspects of criminal law, and we know how to use every resource available to help our clients obtain the best possible outcome in their cases. Whether you have been charged with simple assault or aggravated assault, we will work tirelessly to help you obtain the results you need and deserve.
Under Florida Statutes § 784.021, assault is defined as an intentional act that causes another person to feel afraid of imminent harmful or offensive contact. The main difference between simple assault and aggravated assault is the presence of a weapon. If you are accused of assaulting someone with a deadly weapon and/or committing assault in order to commit another felony, you could be facing aggravated assault charges.
The degree of the charge will depend on whether a deadly weapon was used during the assault, the extent of the injury to the victim, and whether the defendant has prior convictions. Under Florida Statutes § 775.087, a deadly weapon is any object that is capable of causing death or serious bodily harm. This can include guns, knives, swords, cars, and more.
What are the Penalties for Aggravated Assault in Florida?
If you are convicted of aggravated assault, you could be facing serious penalties. If a deadly weapon was used, you could be facing third-degree felony charges, which carry a maximum sentence of five years in prison. If a gun was fired during the incident, a conviction could result in up to 20 years imprisonment. Lastly, if a person committed assault while committing another felony, they would face separate charges and penalties for each offense.
A conviction can also lead to fines of up to $5,000 and a permanent criminal record, which may affect employment opportunities, housing, and other aspects of your life. Consulting a Sarasota aggravated assault attorney can help mitigate these consequences.
How to Defend Against Aggravated Assault Charges?
An effective defense strategy is critical to fighting aggravated assault charges. While every case is unique, some common defenses include:
Self-Defense: Individuals can use force to protect themselves if they reasonably believe they are in imminent danger of harm. The Stand Your Ground law permits deadly force when necessary to prevent serious injury or death.
Lack of Intent: If the prosecution cannot prove intentional threats of violence beyond a reasonable doubt, charges may be reduced or dismissed.
False Accusations: Charges often stem from misunderstandings, disputes, or false allegations. Investigating the accuser's motives and exposing inconsistencies can strengthen the defense.
No Apparent Ability to Carry Out the Threat: If the alleged victim had no reasonable fear of imminent harm, the charges may not be valid.
Insufficient Evidence: Weak, circumstantial, or improperly obtained evidence can be challenged to undermine the prosecution’s case.
How Our Sarasota's Law Firm Can Help in Your Case?
Aggravated assault cases are complex and often involve heightened emotions, conflicting accounts, and significant legal consequences. An experienced Sarasota aggravated assault attorney can:
Evaluate the Evidence: A thorough review of police reports, witness statements, and other evidence can uncover weaknesses in the prosecution’s case.
Build a Strong Defense: Based on the details of your case, your attorney can develop a tailored defense strategy to challenge the allegations against you.
Negotiate with Prosecutors: In some cases, charges can be reduced or dismissed through plea negotiations or alternative sentencing agreements.
Advocate in Court: If your case goes to trial, a skilled attorney can present your defense, cross-examine witnesses, and work to create reasonable doubt.
Our firm understands how terrifying it is to be charged with assault. Our Sarasota assault attorney understands that the state will do everything in its power to ensure that you are convicted of the charges against you. With this in mind, we will work tirelessly to help you obtain the best possible outcome in your case. Our team will use our years of experience to help you build a strong defense, and we will do everything in our power to help you obtain a favorable outcome in your case.
Understanding the Legal Process for Aggravated Assault
The legal process for an aggravated assault case typically follows a series of steps, from the initial investigation to the final resolution. While each case may differ depending on the circumstances, here is a general overview of the process:
Investigation and Evidence Gathering: Law enforcement responds to the alleged incident. Police collect witness statements, physical evidence, and possibly surveillance footage. Officers assess whether there is probable cause to make an arrest.
Arrest and Booking: If sufficient evidence exists, the suspect is arrested and taken into custody. The suspect is booked, including fingerprinting, photographing, and recording personal information.
Initial Appearance: The accused appears before a judge, usually within 24 hours, to hear the charges and have bail set. The judge decides whether the suspect will remain in custody, post bail, or be released on their own recognizance.
Filing of Formal Charges: Prosecutors review the evidence and determine whether to file formal charges. Charges are filed through an information or indictment if the case moves forward.
Arraignment: The accused appears in court to enter a plea of guilty, not guilty, or no contest to the charges.
Pre-Trial Proceedings: Attorneys file motions, exchange evidence (discovery), and build their cases. Plea negotiations may take place to resolve the case without a trial.
Trial: If no plea deal is reached, the case proceeds to trial. The prosecution presents its case, and the defense challenges the evidence and offers a defense. The judge or jury determines guilt or innocence.
Sentencing: If found guilty, the court imposes a sentence, which may include prison time, probation, fines, or other penalties.
Appeals (if applicable): If errors occurred during the trial, the defense may appeal the conviction or sentence to a higher court.
Each step in this process is critical, and having an experienced defense attorney can significantly impact the outcome.
Protecting Your Future
Being accused of aggravated assault is a serious matter, but it does not mean your case is hopeless. With the right legal representation, it is possible to challenge the allegations against you, reduce the charges, or secure a favorable outcome.
If you are facing aggravated assault charges in Sarasota or the surrounding areas, an experienced Sarasota aggravated assault lawyer can provide the support and guidance you need to protect your rights and your future.
Don’t let aggravated assault charges jeopardize your future. Reach out to the Law Offices of Eric Reisinger, P.A. at (941) 541-5335 or online to schedule a free consultation with a knowledgeable Sarasota aggravated assault attorney.
Commonly Asked Questions
How is aggravated assault different from simple assault?
Simple assault involves an intentional threat of violence without physical contact or aggravating factors, and it is typically a misdemeanor. Aggravated assault, on the other hand, involves additional elements like the use of a deadly weapon or intent to commit a felony, making it a felony offense.
What is considered a “deadly weapon” in an aggravated assault case?
A deadly weapon is any object capable of causing serious bodily harm or death. This includes firearms, knives, or even nontraditional items like baseball bats, vehicles, or tools, depending on how they are used or intended to be used.
Can I be charged with aggravated assault if I didn’t actually harm anyone?
Yes. Aggravated assault does not require physical harm to the victim. The prosecution only needs to prove that there was a credible threat of violence that caused the victim to fear imminent harm, along with the use of a deadly weapon or intent to commit a felony.
Our top priority is to devise customized legal strategies that are tailored to the unique legal needs of our clients, no matter how simple or complicated their situations, might be.
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When you hire the Law Offices of Eric Reisinger, PA to defend you on a criminal charge, we will conduct a full investigation of the circumstances leading to your arrest. As a former prosecutor at the State Attorney’s Office, Attorney Reisinger has in-depth knowledge and understanding of how the state prepares and presents its cases.
