If you or someone you know has been charged with aggravated assault with a weapon it is essential to contact a defense attorney. A criminal defense attorney with experience will be able to be proactive in coming up with a reasonable defense that could get the charges reduced or dismissed all together.
- What must a state prosecutor prove to find the defendant guilty?
- What are defense strategies a defense attorney will use to help dismiss or reduce the charges their client is facing?
- What are the penalties for aggravated assault with a weapon?
If you are charged with aggravated assault with a weapon in the Miami, Florida area you are going to need to contact an assault with weapon lawyer. In Miami, Florida aggravated assault with a weapon is a felony.
Aggravated assault is defined as an assault with a deadly weapon with either the intent to kill or the intent to commit a felony.
While a state prosecutor does not have to prove that the defendant had the intention of murder for the defendant to be found guilty, for the deadly weapon assault charge they are being charged for they do have to prove beyond a reasonable doubt that the defendant had the intention to threaten another individual by either word or action. In the case the defendant was acting in self-defense they will not be found guilty.
If an assault with weapon lawyer is able to prove one of the following then their aggravated assault charges will be dismissed:
- If their client was using nondeadly force in order to defend him or herself then the charges of aggravated assault will be dismissed
- If the defendant had reason to believe that they were in danger, then it is possible for a veteran attorney to get the charges dismissed. Keep in mind that the reaction to a threat of violence has to be in proportion to the threat that was experienced
- Not all weapons are considered to be deadly weapons. A quality defense attorney may be able to prove that the weapon used in the aggravated assault was not a deadly weapon
If an individual is found guilty for the charge of aggravated assault they are subject to the following penalties:
- Up to a 5 year prison sentence
- Up to $500 dollars in fines
If an individual is found guilty for the charge of aggravated assault with a weapon the charges could be the following:
- A mandatory 3 year prison sentence
- If a firearm is fired the mandatory sentence is 20 years
- If someone is hurt or killed by the firearm then the defendant may be facing a life in prison
A quality defense attorney will conduct an investigation of their own in order to explore the defenses that they may be able to put together for their client. Without the help of an attorney with experience, it is not likely a defendant is going to get favorable results in the court of law. The first course of action an attorney will attempt is to get the aggravated assault or aggravated assault charge dismissed. If they are not able to get the charges completely dismissed then attempts will be made to get the charges reduced to aggravated assault with serious bodily injury or a lesser crime. In the even that their clients are found guilty, actions will be taken to work with the prosecutor and judge in attempt to reduce the penalties that were handed down.
Miami, Florida takes aggravated assault very seriously. Without the help of an experienced assault with weapon lawyer the defendant is most likely going to be facing penalties that will have a lasting effect on their life.