784.021 Aggravated assault.--
At the Law Offices of Leifert & Leifert, our Palm Beach and Broward County aggravated assault defense attorneys handle a wide variety of cases, including cases of aggravated assault. According to Florida law, the offense of “aggravated assault” is defined in s. 784.021 as an assault that is carried out with either a deadly weapon without intent to kill or an assault that is carried out with the intent of committing a felony.
Also declared by the Florida State Statutes (in s. 784.021(2)) is the fact that an individual who commits an aggravated assault (as defined and described above) is guilty of a third-degree felony. Our Palm Beach and Broward County aggravated assault defense attorneys know that third-degree felonies carry with them penalties that are prescribed by Florida law in s. 775,082, s. 775.083, and s. 775.084.
According to s. 775.082(d), an individual found guilty of having committed a felony of the third degree may face a definite prison sentence not exceeding 5 years.
According to s. 775.083, an individual who has been convicted of a crime other than capital felony may be required to pay a fine in addition to other form(s) of punishment. Additionally, on a case-by-case basis and depending on the allowance of a statute, an individual who has committed a crime may be sentenced to pay a fine in lieu of any other punishment. For the crime of aggravated assault, the fine may not be more than $5,000, according to s. 775.083(c).
Section 775.084 of the Florida State Statutes deals with the sentences imposed upon repeat offenders, which the subsection describes in great detail. There are a variety of methods by which the justice system can decide whether or not an individual is indeed a repeat offender. The law defines different classes of repeat offenders, based on the natures and frequencies of the crimes committed. For example, according to s. 775.084, if an individual is found to be a habitual felony offender or a habitual violent felony offender, the individual may, for a case such as aggravated assault (a third-degree felony), face a prison sentence not exceeding 10 years. Additionally, if an individual is found to be a three-time violent felony offender, the individual may, for a case such as aggravated assault, face a prison sentence not exceeding 10 years and the individual would not be eligible for release for five years. Lastly, as our Palm Beach and Broward County aggravated assault defense attorneys know, if an individual is determined to be a violent career criminal with respect to a primary offense committed on or after October 1st, 1995, the individual may, for a cause such as aggravated assault, face a prison term not exceeding 15 years, with a mandatory minimum of 10 years in prison.
Be aware that when a firearm or other deadly weapon is used in an aggravated assault, there are harsh mandatory minimum sentences that apply. Former Governor Jeb Bush proposed and signed into law what we call the “10-20-Life” law in Florida, which provides for harsh mandatory minimum sentencing for the use of firearms in forcible felonies. Brandishing a firearm will earn you 10 years in prison, firing the gun will earn you 20, and shooting someone during a felony will earn you life behind bars.
If you have been arrested for or charged with the crime of aggravated assault in Palm Beach, Broward or Miami-Dade County, contact the aggravated assault criminal defense attorneys at Leifert & Leifert. Your best shot at avoiding prison time and clearing your record and reputation is contingent upon the retention of a skilled attorney.
Because our firm is comprised of former prosecutors, our lawyers know the strategies the prosecutors use and therefore we can mount a defense geared at systematically defending you against anticipated maneuvers by the prosecution. For a free consultation with one of our aggravated assault criminal defense attorneys, call 1-888-5-DEFEND (1-888-533-3363).