Aggravated Assault With A Deadly Weapon

Aggravated Assault With A Deadly Weapon

Criminal Defense Attorney In Gainesville FL

Aggravated assault is an elevated form of assault charge, heightened by the involvement of a deadly weapon or intention to commit a felony, regardless of whether or not either party sustains an injury. Unfortunately, allegations of aggravated assault aren’t uncommon, as seemingly insignificant conflicts or arguments between coworkers, friends, family members, or neighbors are easy to blow out of proportion.

In some instances, items one wouldn’t typically consider to be an armament, such as a cane, baseball bat, or even a vehicle, may be deemed a “deadly weapon,” instantly upgrading a case to aggravated assault.

Accusations of aggravated assault are serious allegations that carry life-altering penalties for those convicted on such charges. That’s why, if you or a loved one have been accused of committing aggravated assault with a deadly weapon — don’t wait — reach out to our experienced criminal defense lawyer, Adam Stout, for critical legal guidance today.

Contact Stout Defense, P.A., to request a free case consultation!

Florida Laws On Aggravated Assault

Florida Statute §784.021 defines aggravated assault as an assault (a) with a deadly weapon without intent to kill or (b) with an intention to commit a felony. Furthermore, per Florida Statute §784.011, an assault is defined as an intentional, unlawful threat by word or action to enact violence on another person, coupled with an apparent ability to do so, which creates a well-founded fear in said other person that such violence is imminent. Typically, assault with a deadly weapon without intent to kill is charged as aggravated assault. However, if the accused is suspected of having held lethal intent, the charge can be upgraded to a third-degree felony. 

What’s Considered A Deadly Weapon?

As mentioned earlier, it’s the involvement of a weapon that escalates a case from a simple assault charge to an aggravated assault case. Unfortunately, what’s considered a deadly weapon in the eyes of the law is a bit complicated and open to interpretation. For example, in 2016, a Florida man was arrested and charged with aggravated assault with a deadly weapon after throwing a live alligator into a fast-food chain’s drive-thru window. In this case, the alligator was considered to be a deadly weapon. A few more examples of what might commonly be regarded as “deadly weapons” include:

  • Guns
  • Knives
  • Brass Knuckles
  • Explosive Devices
  • Poisonous Substances
  • Nunchucks
  • Motor Vehicles
  • Glass Bottles
  • Blunt Items Used For Bludgeoning (golf club, baseball bat, cane, etc.)
  • Steel Toed Boots
  • Fireworks

Essentially, any object that could be used to cause bodily harm to another person, or used to threaten bodily harm to another person, could be viewed as a deadly weapon in the eyes of the law. 

Defenses For Aggravated Assault Charges

Sentences for aggravated assault with a deadly weapon range from hefty fees and fines to jail time. Worse yet, an aggravated assault charge will follow you for the rest of your life, a permanent part of your record. Having a criminal record can make it hard to find work as well as severely impact interpersonal relationships. But don’t lose hope. There are viable defenses to aggravated assault charges. A few possible defenses to aggravated assault charges include:

  • Self Defense
  • Defense Of Others
  • Defense Of Property
  • No Proof Of A Deadly Weapon’s Involvement
  • Lack Of Intent To Cause Harm Or Fear

Depending on the circumstances of your unique case, the charges may be lowered or dropped entirely. However, to ensure the facts of your case come to light, you’ll need the assistance of a skilled criminal lawyer

How Our Gainesville Criminal Defense Attorney Can Help

Our skilled Gainesville attorney, Adam Stout, has the years of experience and fervent determination necessary to build a compelling defense for your aggravated assault case. Allegations of aggravated assault are serious businesses that hold life-altering consequences, whether they are unfounded or not. For assistance constructing a rock-solid defense against a charge of aggravated assault with a deadly weapon, contact Stout Defense, P.A., and schedule a free, confidential case consultation with our knowledgeable Gainesville lawyer.