Aggravated Assault With a Deadly Weapon

West Palm Beach Aggravated Assault Lawyer

Under section 784.021, Florida Statutes, an “aggravated assault” describes a situation where someone commits an assault with either a deadly weapon or with the intent to commit a felony. Thus, a person’s use of a deadly weapon or a person’s conscious intent to commit a felony are the exacerbating factors that transform a simple assault into an aggravated assault.

Aggravated assault charges carry severe criminal penalties, so to maximize your chances of mounting a successful defense, you need an experienced criminal defense attorney to champion your cause.At the Law Offices of Greg Rosenfeld, P.A., you stand to benefit from being represented by an award-winning criminal defense attorney in West Palm Beach. Attorney Rosenfeld has maintained a three-year streak for being selected to the Super Lawyers® Rising Stars list.

Florida Laws Regarding the Crime of Aggravated Assault

A person is guilty of committing assault if he or she intentionally and unlawfully placed another person in fear of imminent violence, by using words or the threat of violence, coupled with an apparent ability to carry out such violence. When such an assault is carried out using a deadly weapon or while committing a felony offense, it is considered an aggravated assault.

In contrast, an assault with a deadly weapon accompanied by an intent to kill constitutes attempted murder – a considerably more severe offense.

Other circumstances that could enhance the severity of the offense include:

• Aggravated assault due to prejudice against another’s:
  • Race,
  • Color,
  • Ancestry,
  • Ethnicity,
  • Religion,
  • Sexual orientation,
  • National origin,
  • Mental or physical disability, or
  • Advanced age;
• The defendant’s qualification as a habitual violent offender;
• Making law enforcement targets of an aggravated assault.

Under Florida’s aggravated assault statute, the successful conviction is punishable by imprisonment for up to 5 years and a fine of up to $5,000.

If the victim of the aggravated assault is a law enforcement officer, firefighter, or EMT, the charge is enhanced to a second-degree felony, and the statute mandates a three-year prison sentence and a $10,000 fine.

We Are Committed to Protecting Your Due Process Rights – Call (561) 902-1122

When extenuating circumstances accompany charges for aggravated assault, there is an indelible risk of prejudice against the defendant. Attorney Greg Rosenfeld is a dedicated attorney who will tenaciously advocate for your constitutionally guaranteed right to a fair trial as a criminal defendant.