Have you been charged with aggravated assault in Fort Lauderdale, Florida? In order for an individual to be convicted of an aggravated assault, the person must be found guilty of committing an assault with a deadly weapon or be found guilty of assaulting a person with a deadly weapon while intending to commit a felony. In Florida, individuals who are found guilty of aggravated assault can face up to five years in prison, five years’ probation, a $5000 fine, and may be required to pay restitution to victims. There are also collateral consequences of being found guilty of aggravated assault. For example, individuals with a felony on their record could be denied the right to vote, be denied access to welfare, and for immigrants, a felony or other conviction could impact their immigration status and in some cases, even lead to deportation.
The consequences of being convicted of aggravated assault can be serious, but you are innocent until proven guilty. Michael D. Weinstein, P.A. is an aggravated assault defense law firm in Fort Lauderdale, Florida that fights for the rights of the accused. Have questions about your rights? Reach out to our aggravated assault lawyer today.
Difference Between Assault and Aggravated Assault in Fort Lauderdale, Florida
What is the difference between assault and aggravated assault? With assault, a physical attack has taken place, or a person was threatened. Aggravated assault is more serious. There are several scenarios where a person could face aggravated assault charges. If it is believed that an individual used a weapon or threatened another person with a weapon, this could result in an aggravated assault charge. An example of this would be someone shooting a gun or pointing a gun at a person’s face, while threatening to kill or harm them. If an assault takes place and it results in another person being seriously injured, this could also result in aggravated assault charges. If a person is threatened violence when an individual is committing another crime, like theft or rape, this could also result in aggravated assault charges being filed. If you are being charged with aggravated assault, it is important to take these charges seriously. Michael D. Weinstein, P.A. is an aggravated assault defense law firm in Fort Lauderdale, Florida that may be able to represent you. If you are under arrest for aggravated assault, you have the right to remain silent, and the right to ask to speak to a lawyer. Fort Lauderdale aggravated assault attorney Michael D. Weinstein may be able to assist you with your case.
Defenses for Aggravated Assault in Fort Lauderdale
There are several defenses against aggravated assault. If you are being wrongfully accused of aggravated assault, the Fort Lauderdale aggravated assault lawyer Michael D. Weinstein may be able to assist you in presenting a case that can show your innocence. There are other possible defenses for aggravated assault. These include:
- Self Defense. If another person was coming at you with a deadly weapon or was attacking you or someone else, you have the right to defend yourself and others. Self-defense is a potential defense for aggravated assault charges.
- Defense of Personal Property. If someone was trying to invade your home, you have the right to defend your home. If a person was trying to steal your car, you could also claim defense of personal property.
- Lack of Intent to Harm. If the harm caused was accidental, it is not aggravated assault.
These are just some possible defenses for aggravated assault. Sometimes individuals are misidentified. They might look similar to the person who committed a crime, and may wrongfully face charges. Others might be charged with aggravated assault even when they didn’t cause harm or intend to cause harm, but might be facing charges because of racial profiling or other factors. For example, a person of color holding a baseball bat in a dark parking lot at a neighborhood park wouldn’t normally face aggravated assault charges, but if, due to racism and profiling, someone calls the police, this innocent person could potentially face charges.
If you are facing aggravated assault charges, Michael D. Weinstein, P.A. is a Fort Lauderdale aggravated assault defense law firm that may be able to help you. Our Fort Lauderdale assault defense lawyers can review evidence, charges, and help you understand your options. You are innocent until proven guilty. Sometimes people take plea deals, not realizing that the case against them was weak. If you have questions about your rights and options, you can reach out to the Ft. Lauderdale aggravated assault defense lawyers at Michael D. Weinstein, P.A. today. Before accepting any plea deals from prosecution, it is often wise to speak to a lawyer first.