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Helping Clients Get Their Charges Reduced or Dismissed
An aggravated assault charge is a serious matter under Florida law and can lead to felony charges. A conviction can result in years in prison or jail, thousands of dollars in fines, and a criminal record that could haunt you for years to come. If you have been charged with a violent crime, you should take this issue very seriously by hiring skilled attorneys who can help fight for your freedom.
In Florida, there are ways to fight violent crime charges and get your case dismissed. However, with the prejudice that comes against those accused of violent crimes, this can be very difficult to accomplish. You need attorneys familiar with both sides of the litigation process to defend you. You need The Law Firm of Gil Colón, Jr.
Our founding attorney has decades of experience prosecuting and defending individuals in Florida courts. He is well-known for his aggressive defense of clients, often getting results without going to trial at all. Attorney Colón is fearless in taking his cases before a jury, and our legal team will work tirelessly to bring you the favorable results you seek. Call 863-622-9602 right away to schedule a free, confidential consultation with our caring, capable team of criminal defense attorneys.
There are many violent crimes. including aggravated battery, battery, kidnapping, false imprisonment, manslaughter and murder to mention a few, with varying lengths of sentence from probation to life in prison or the death penalty, As an example, we discuss aggravated assault below.
What Is Aggravated Assault Under Florida Law?
Florida law defines aggravated assault as an action that is harmful to another person or intended to cause fear of imminent harm. This means that you could be convicted of aggravated assault even if you did not touch the other person.
For an act to be considered aggravated assault in Polk County, the following must be true:
- Intentional threat – This includes making an intentional, unlawful threat to hurt someone else.
- Ability to act – To be convicted of aggravated assault, you must have been able to carry out your threat. For example, if you threaten to shoot someone but did not have a gun, this may not qualify as aggravated assault.
- Reasonable fear – The victim’s fear of impending assault must be reasonable or based on circumstances where a reasonable person would experience fear of assault.
- Aggravating factor – This aspect of the action is what differentiates aggravated assault from simple assault and includes the presence of a deadly weapon or the intent to commit a felony.
What Punishment Comes with an Aggravated Assault Conviction?
Aggravated assault convictions can come with severe penalties that could be devastating to the individual and their family. This type of crime is usually considered a felony as opposed to simple assault, which would be charged as a misdemeanor. Your criminal defense attorney can help you determine the level of your charges and will discuss what penalties you might face depending on your unique situation.
Some possible penalties associated with a felony aggravated assault conviction include:
- Up to five years in state prison
- Probation
- Up to $5,000 in fines
- A criminal record
Many people focus on the potential jail time and fines that come with a criminal conviction and ignore the longer-lasting consequences of a criminal record. The truth is that having a felony on your criminal record can devastate your social and professional life, making it difficult, if not impossible, to keep your job and family relationships. Individuals convicted of a felony may lose their professional licenses and find it harder to keep custody of their children. Reach out to a criminal defense lawyer today to learn how to fight your assault charges.
What is Aggravated Battery?
In Florida, aggravated assault and aggravated battery are two separate charges. Aggravated battery is defined as touching or striking another person with the intent to cause great bodily harm, with a deadly weapon, or when the victim is pregnant.
Great bodily harm means a significant injury or anything more harmful than minor bruising. A deadly weapon is an object that’s likely to cause great bodily harm or death if used during an assault.
Most aggravated battery cases are charged as second-degree felonies. The penalties for an aggravated battery conviction can include up to 15 years in prison and up to $10,000 in fines. First-time offenders may be able to negotiate 15 years of probation instead of prison time.
Aggravated battery charges can also be enhanced when firearms are involved. Potential enhancements include:
- Firearm possession: Minimum 10 years in prison
- Semi Automatic firearm possession: Minimum 15 years in prison
- Firearm discharged: Minimum 20 years in prison
- Firearm discharged with great bodily harm: Minimum 25 years in prison
What Are the Penalties for Homicide?
Under Florida law, the term homicide refers to any crime in which one person causes another person’s death. Murder, felony murder, and manslaughter all fall under this definition. Some acts, like killing in self-defense, are not technically illegal and may not lead to criminal charges.
The most common homicide crimes and their penalties include:
Murder
Murder is defined as intentionally committing a violent act that leads to someone else’s death. To be convicted, the prosecution must prove that there was premeditated planning (which is a first-degree murder charge) or that the heat of the moment caused the person to kill (which is a second-degree murder charge).
In Florida, convictions can lead to life in prison without parole or even the death penalty.
Felony Murder
Felony murder is the killing of another human being while attempting to commit other certain felonies. Convictions for felony murder include life in prison or the death penalty.
Felonies that can increase a murder charge to felony murder include:
- Burglary
- Sexual battery
- Rape
- Kidnapping
- Home invasion
Manslaughter
Manslaughter is the unintentional killing of another person. It involves no premeditation or intent. The prosecution must only prove that the defendant committed the crime, not that there was an intent to kill. A manslaughter conviction can carry 15 to 30 years in prison.
How Can a Violent Crime Lawyer Help with My Case?
An experienced violent crime attorney is essential to getting a judge to dismiss your case or lower your charges. You can avoid a hefty fine and the other penalties of a conviction if you have the right lawyer fighting for you.
Some defenses you could use to fight your charges include:
- You were attacked by the alleged victim and were acting in self-defense
- Your identity was mistaken, and you are not the person responsible for the charges
- Not only did you not intend to harm the person, but you lacked the ability to do so
- Your threat was verbal and did not involve any action to make the alleged victim fear an attack
- You were coerced into threatening the other person or otherwise acting under duress
- You did not intend to commit a violent felony
If you have been arrested for aggravated assault, you need immediate help from a knowledgeable criminal defense attorney. Call our law firm right away to get the advice and representation you need at this critical time.
Should You Hire Our Violent Crime Attorneys?
Facing criminal charges can be a scary experience, and when you are accused of a violent crime such as aggravated assault or aggrivated battery, it can be even more overwhelming. Many judges and juries feel pressured to come down hard on those charged with violent crimes, which can lead to unfair convictions or sentences for innocent people. An experienced attorney like those at The Law Firm of Gil Colón, Jr. will stand by your side as firm allies to protect your rights and freedom.
If you are accused of a violent crime in Polk County, please call us immediately to get the legal counsel you need. We will ensure your rights are protected at every step of the process. We can often get a favorable settlement without going to trial, but if litigation is required, we will fight aggressively for a positive outcome in your favor.
We offer a free consultation, so there is no risk of talking with us in a confidential case review. Call today at 863-622-9602 to learn more about how our skilled legal team can help get your charges reduced or dismissed.