Mike G Law: Trusted Tampa Aggravated Assault Defense Attorney

If you are facing assault or battery charges in the Tampa Bay area, you can turn to me for help. I am Attorney Mike G. As a former Assistant State Attorney, I prosecuted hundreds of cases of aggravated assault and battery, including domestic violence cases.

During that time, I learned how police and prosecutors sometimes skip the important investigation step and may ignore evidence that often demonstrates a lack of criminal intent. Today, I use my experience and knowledge to protect the rights of people who face charges for violent crimes.

My criminal defense experience includes:

• Felony aggravated assault
• Battery and aggravated sexual battery
• Sexual assault of a minor
• Domestic violence
• Misdemeanor assault charges, including second-, third- and fourth-degree assault

The consequences of a conviction for aggravated assault can be severe and lifelong. As an experienced aggravated assault defense attorney, I work hard to protect your rights.

Florida Aggravated Assault Laws

Chapter 784 of the Florida Statutes defines the crimes of assault and battery. Under Florida law, the prosecutor may charge you with aggravated assault in conjunction with or separately from a battery charge.

Definition of Assault

According to Florida law, assault is an intentional, unlawful threat to do violence to another person. To qualify as an assault, the defendant must have had the ability to carry out the threat and must have caused the victim to have a reasonable fear of imminent violence.

Definition of Aggravated Assault

Florida law defines an aggravated assault as an assault committed with a deadly weapon but without the intent to kill the victim. An assault may also become an aggravated assault if the defendant performed the assault with the intention to commit a felony. An aggravated assault defense attorney can identify whether your alleged crime meets the definition of aggravated assault.

Definition of Battery

Under Florida law, a person who intentionally strikes or touches another person against their will or with the intent to cause bodily harm commits a battery. While assault only requires a threat of violence, battery requires actual physical contact.

Enhancements to a Battery Charge

Battery is a first-degree misdemeanor. However, a battery that involves strangulation or causes great bodily harm, permanent disfigurement, or permanent disability is a third-degree felony.

Definition of Aggravated Battery

A person who intentionally causes great bodily harm, permanent disfigurement, or permanent disability to another person may receive an aggravated battery charge under Florida law. A simple battery charge may become an aggravated battery charge if the defendant uses a deadly weapon or knew or should have known that the victim was pregnant. Aggravated battery is a second-degree felony.

Cases We Handle

Mike G Law can handle all types of assault and battery cases, including:

• Simple assault: A threat to do violence with no physical contact
• Aggravated assault: A threat to do violence committed with a deadly weapon or while committing a felony
• Battery: Unlawful physical contact with another person
• Aggravated battery: Unlawful physical contact with a person who is pregnant or that involves a deadly weapon or intentionally causes great bodily harm
• Aggravated sexual battery: Unlawful sexual contact with another person as defined in Chapter 794 of the Florida Statutes

Whether you are facing misdemeanor or felony charges, you may need an experienced assault attorney on your side.

Common Aggravated Assault Defenses

Your aggravated assault defense attorney will formulate a defense strategy based on your specific charges and the facts of your case. These are some of the most common defenses to an aggravated assault charge.

Alleged Victim Lied

Unfortunately, fear, anger, or personal gain may motivate a person to falsely accuse another of an assault. In most of these cases, because no crime occurred, there is little evidence beyond the alleged victim’s testimony. Your attorney may be able to get your charges dropped based on a lack of evidence or use the alleged victim’s lack of credibility to create reasonable doubt.

Inadequate Police Investigation

Often, the police charge a person with aggravated assault based solely on the accusations of the alleged victim. Without a proper investigation, the police may miss critical facts.

If the facts of your case do not support an aggravated assault charge, your attorney can attempt to get the charges dropped or reduced. If the prosecution proceeds with the charges, your attorney can use the police’s lack of investigation to create reasonable doubt in the minds of the jury.

Defendant Acted in Self-Defense

§ 776.012 of the Florida Statutes gives a person the legal right to defend themself against violence or threat of violence when the person reasonably believes it is necessary to do so. There is no requirement to retreat first.

If you threatened or committed violence against the alleged victim solely because of your reasonable belief that it was necessary to defend yourself or another, your aggravated assault defense attorney can assert self-defense as a defense against the assault charge.

Alleged Crime Does Not Fulfill All Elements of an Aggravated Assault Charge

Merely threatening to do violence does not justify an aggravated assault charge. The defendant must have had the ability to carry out the threat, and the victim must have had a reasonable fear that the defendant could and would carry out the threat.

The defendant must also have either used a deadly weapon or intended to commit a felony. If the alleged victim’s belief that the defendant could and would carry out the threat was not reasonable, there was no assault. If the defendant committed an assault but did not use a deadly weapon or intend to commit a felony, the charge should be simple assault instead of aggravated assault.

The Act Was Consensual or Unintentional

To be aggravated assault, the threatening behavior must be intentional and unwanted. If both parties agreed to the behavior or the defendant did not intend for the behavior to be threatening, an aggravated assault defense attorney may assert the presence of consent or lack of intent as a defense.

What About Plea Bargaining?

Plea bargains have advantages and disadvantages. Defendants should consider their attorney’s advice and make sure they understand the consequences. Pleading no contest may benefit some defendants by avoiding a trial and accepting the facts without admitting guilt.

Consequences of Committing Aggravated Assault in Florida

According to § 784.021 of the Florida Statutes, aggravated assault is a third-degree felony. A conviction for a third-degree felony carries a penalty of up to five years in prison and/or up to a $5,000 fine.

Enhancements may apply when an aggravated assault involves the use of firearms or destructive devices. An aggravated assault that involves any type of firearm comes with a mandatory minimum sentence of three years in prison.

Per Florida’s “10-20-Life” law outlined in § 775.087, the court may impose mandatory additional sentences of 10, 20, or 25 years to life for the use of specific kinds of firearms or destructive devices in the commission of an aggravated assault. Additional penalties may apply for crimes involving firearms possessed by persons with a previous felony conviction.

Call (813) 221-4303 for a Free and Confidential Consultation with a Tampa Aggravated Assault Defense Attorney

An aggravated assault conviction can have serious, lifelong consequences. You need a qualified aggravated assault defense attorney to protect your rights. Contact Mike G Law to schedule a free consultation today.

FAQS

Can You Get an Assault Charge Dropped?

It is possible to get an assault charge dropped or reduced. Working with an assault attorney will improve your chances of getting your charges dismissed.

What Is the Minimum Sentence for Aggravated Assault in Florida?

Only some crimes have minimum mandatory sentences. Mandatory minimums vary from three years to life, depending on the crime.

What Is the Statute of Limitations for Aggravated Assault in Florida?

Aggravated assault is a third-degree felony with a three-year statute of limitations. However, certain enhancements for more severe crimes may change the statute of limitations.

Can the Victim Sue for Aggravated Assault in Florida?

The victim may choose to file a personal injury lawsuit for damages related to an alleged assault. A personal injury lawsuit is a separate civil action and has a lower burden of proof than a criminal charge.