Aggravated Assault

Respected Tampa Criminal Defense Attorney Dedicated to Protecting the Rights of Clients Facing Violent Crimes

Aggravated assault is one of the more serious violent crimes in Florida, especially when prosecutors allege one of the many aggravated assault enhancements. If you have recently been charged with aggravated assault, it’s imperative that you find an attorney who will take your case as seriously as you do. At the Mayberry Law Firm, Attorney Jason Mayberry has decades of experience helping clients avoid the worst consequences of a criminal conviction through aggressive, strategic advocacy. Attorney Mayberry knows what it takes to beat even the toughest case and is ready to put in the work to secure the result you are looking for.

Aggravated Assault in Florida

In Florida, the crime of aggravated assault is outlined in Florida Statutes § 784.021, which states that the offense occurs when someone commits an assault 1.) with a deadly weapon but did not have the intent to kill, or 2.) with the intent to commit a felony. Under Florida Statutes § 784.011, an assault is a believable threat to hurt another person. However, for a threat to qualify as an assault or aggravated assault, the person making the threat must have the apparent ability to carry out the threat, and the person receiving the threat must have actually believed that they were in imminent danger.

What Is the Punishment for Aggravated Assault?

Florida law provides for harsh penalties for those convicted of any felony, but especially violent crimes. Specifically, aggravated assault is considered a Class 3 felony, which carries a term of imprisonment of up to five years and a fine of up to $5,000.

In addition to the criminal consequences of a conviction, you will also be forced to deal with the collateral consequences of a felony conviction, which means it may be much harder to find work, go back to school, obtain professional certifications, or even qualify for certain government benefits.

While the punishments for aggravated assault are harsh on their own, there are also several aggravated assault enhancements that can increase the seriousness of the offense. For example, if an aggravated assault was carried out as part of a riot, you’ll face a Class 2 felony. In addition to this enhancement, if the victim of an aggravated assault is one of the following, the crime will also be graded as a Class 2 felony:

• Emergency medical care provider
• Firefighter
• Hospital worker
• Law enforcement officer
• Public transit or railroad employee

In each of these cases, the possible punishment increases to include a jail sentence of up to 15 years and a fine of up to $10,000. And, if your case involved an aggravated assault against a law enforcement officer, you’ll be required to serve at least three years in prison.

Other aggravated assault enhancements include:

• Carrying a firearm or destructive device: 3-year mandatory minimum sentence
• Carrying a semi-automatic firearm: 20-year mandatory minimum sentence
• Discharge of a firearm: 25-year mandatory minimum sentence

If you are convicted of a violent crime, it will haunt you for the rest of your life. Employers, lenders, and landlords all tend to shy away from those considered violent, and if that violence is centered around a firearm, it can make your life extremely difficult.

Why Choose the Mayberry Law Firm to Handle Your Tampa Assault Case?

At the Mayberry Law Firm, our Tampa criminal defense attorney has a long history of successfully helping our clients prevent their arrest from becoming a conviction. Whether it’s through mounting a self-defense argument to earn your acquittal at trial, convincing the prosecutor to drop the charges, earning your charge reduction, or avoiding of a minimum mandatory prison term, we will do everything we can to ensure your arrest has as little impact on your future as possible. Our hard work is guaranteed. If you’re facing a Tampa aggravated assault case, contact the Mayberry Law Firm today to schedule a free consultation. You can reach us at 813-444-7435, or you can connect with us through our secure online contact form.