An assault allegation can arise from many different situations and does not require much more than a perceived threat to press charges. This means that some assault case tends to involve exaggerated claims or overreactions by the one pressing charges. Even so, assault with a deadly weapon comes with severe penalties in the state of Florida if convicted.
Because of the potential for major negative ramifications to your social, professional and financial well-being stemming from an assault conviction, having an experienced and knowledgeable criminal defense attorney at your side is paramount to regaining your freedom. A capable lawyer can frame an effective defense strategy while putting you in a favorable light, increasing your chances for a reduction in charges or complete dismissal.
The attorneys at The Law Offices of Germain & McCarthy, LLC are dedicated to providing legal representation that productively defends your name while disproving the allegations that are currently levied against you. With years of experience working with individuals throughout central and eastern Florida accused of various criminal acts, both violent and non-violent, the legal team has a distinct and comprehensive understanding of Florida law and the criminal process.
This commitment to the client and protecting his or her individual rights during this difficult time makes The Law Offices of Germain & McCarthy, LLC an ideal option for legal representation. To schedule a free and confidential consultation to go over the specifics of your particular case, call (321) 253-3447 or send an online message today.
The firm proudly represents those dealing with criminal charges in and around the Florida cities of Melbourne, Viera, Merritt Island, Titusville, Orlando, Winter Park, Sanford, Altamonte Springs, Belle Island, Kissimmee and Saint Cloud, among many others.
Assault, under Fla. Stat. §784.011 and §784.021, is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such person that violence is imminent.
This charge will be upgraded to "aggravated assault" if a deadly weapon is used without the intent to kill or if the assault is done with the intent to commit a felony (§784.021).
A weapon is a "deadly weapon" if it is used or threatened to be used in a way likely to produce death or great bodily harm.
Assault with a Deadly Weapon (aggravated assault) is considered a felony of the third degree. If convicted of a felony of the third degree, the presumptive sentence under Florida law is up to five years in prison, up to five years probation and / or fines of up to $5,000 (§775.082, §775.083).
If the weapon in question is considered a "firearm" Florida requires a three-year minimum mandatory prison sentence if convicted as charged.
Furthermore, aggravated assault will be upgraded from a third-degree felony to a second-degree felony if the victim was a law enforcement officer, firefighter or EMT. Additionally, the defendant will be facing a minimum mandatory 3-year prison sentence.
Dealing with an assault with a deadly weapon charge in Florida can be a stressful and anxiety-inducing experience that can have wide-ranging effects on your personal and professional life. If you or a loved one has been charged with assault with a deadly weapon, then working with a competent and aggressive attorney is vital in refuting these allegations and moving on with your life.
Experienced in these types of cases, the attorneys at The Law Offices of Germain & McCarthy, LLC can be counted on to provide excellent legal counsel while implementing their extensive legal knowledge to frame and effective defense strategy for your particular case.
Call (321) 253-3447 to schedule a free and confidential consultation to go over the details of your case with the legal team at The Law Offices of Germain & McCarthy, LLC. The firm proudly represents individuals from Brevard County, Orange County, Volusia County, Seminole County, Indian River County and Osceola County.