Aggravated Assault

Aggravated assault in Florida is an assault where the defendant used a deadly weapon but did not have an intention to kill their victim or is an assault where the defendant intended to commit a felony. Assault comprises one element of the crime and is defined as an intentional and unlawful threat by words or actions to perform a violent act upon the person of another. This threat must be coupled with an apparent ability to do so, and there must be present some act that creates a well-founded fear in another person that the violence is imminent. An aggravated assault will always be considered a crime of violence and can not only result in prison or jail time for an individual charged, but the after effects can haunt an individual for the rest of their life should it go on their record. Tampa aggravated assault attorney Jason Mayberry has long counseled our clients that if one is charged with a violent crime, it is imperative that they do all they can to avoid it form going on their record. Our criminal lawyers have handled all kinds of violent criminal allegations and have enjoyed a great amount of success helping our clients to avoid the scarlet letter on their record a crime of this nature provides. If you’ve been charged with this type of crime contact our office and put our expertise to work.

As serious as this kind of allegation is, depending on the classification of the “deadly weapon” element of this crime, a person can face significant sentencing enhancements including minimum mandatory prison terms even if they merely possess a firearm or destructive device pursuant to Florida Statute 775.087. If during an aggravated assault a defendant possessed a firearm or destructive device they will face a 3 year minimum mandatory prison term. If that firearm is discharged, the minimum mandatory prison term rises to 25 years in the Florida Department of Corrections. If that firearm possessed in the act of an aggravated assault is a semiautomatic firearm the minimum mandatory prison term is 20 years and if that semiautomatic firearm is discharged the minimum mandatory prison term is 25 years. Troubling as it is, the only way to deviate below a mandatory minimum sentence is through the decision of the State Attorney pursuant to Florida Statute 27.366 as sentencing departures under Florida Statute 921.0026 are not available. Similar to many Federal charges, the Judge assigned to your case has no power to deviate below the minimum mandatory. If he does, the sentence will be reversed and the minimum mandatory applied, should the Prosecutor appeal the original sentence.

Violent crimes will haunt an individual for the rest of their life should it go on their record. Employers, lenders, and renters all tend to shy away from those considered violent and if that violence is centered around a firearm it can make life extremely difficult. Our criminal attorneys in Tampa specialize in helping our clients avoid their violent crimes becoming a permanent part of their criminal record. Whether it’s through mounting a self defense argument to earn your acquittal at trial, convincing the prosecutor to cease to move forward on this kind of charge, or ultimately earning your charge reduction or the avoidance of a minimum mandatory prison term, our success is proven. Our hard work is guaranteed. If you’re facing a Tampa aggravated assault charge, contact our office today at 813-444-7435 for a free consultation.