Wellington, Florida is no stranger to assault, an offense that involves a threat of imminent violence even if there is no actual contact. Aggravated assault is an enhancement that occurs when an assault is committed with a deadly weapon or during the commission of another felony. Obviously, aggravated assault carries more severe penalties than a simple assault charge, which makes having aggressive legal representation crucial.
Located in nearby West Palm Beach, Herman Law, P.A. is a premier criminal defense practice serving clients in Wellington. If you have been charged with aggravated assault, the best decision you can make for your future is to contact our office as soon as possible. We are well-versed in the Florida Criminal Statutes, the rules of criminal procedure, and extremely experienced in trying cases in Florida Circuit Court. Backed by a proven history of winning acquittals and negotiating favorable plea agreements, we will work tirelessly to achieve the best possible outcome for your case.
What is aggravated assault in Wellington?
Under Florida law, aggravated assault is defined as intentional and unlawful threat against another person with a deadly weapon, or while in the commission of a felony. The threat may be an act or mere words, as long as (1) the threat is unlawful (2) the accused has the apparent ability to carry it out, and (3) the act or words put the victim in well-founded fear of imminent violence or harm.
What is a deadly weapon?
In Wellington, as in the rest of Florida, a weapon is considered to be deadly if it is used or threatened to be used in a way likely to produce death or great bodily harm. Specific examples of a deadly weapon include a gun, knife, automobile, or another deadly object. According to the Florida Department of Law Enforcement, an aggravated assault occurs every 9 minutes in the state of Florida, and nearly one-third of those involve a deadly weapon.
The Consequences of an Aggravated Assault Conviction
If you are convicted of aggravated assault in Wellington, a third-degree felony, you may be imprisoned for up to 5 years and be required to pay a $5,000 fine. Because aggravated assault is assigned a Level 6 offense severity ranking under Florida’s Criminal Punishment Code, a judge may either sentence you to probation or impose the maximum prison sentence, depending on factors such as whether you have prior convictions or whether the victim sustained injuries. If aggravated assault is committed against a law enforcement officer, firefighter, first responder, or corrections officer, however, the charge is elevated to a second-degree felony.
In either case, you may have a permanent criminal record and a felony conviction comes with collateral consequences — forfeiting some of your civil rights (e.g. the right to vote, the right to own a firearm), and losing your eligibility for certain licenses, government benefits, and student loans. The lasting damage to your reputation will interfere with future employment prospects and make it difficult to move ahead in life. With so much at stake, you need a tough Florida criminal defense attorney in your corner.
Why Choose Herman Law, P.A.?
Our practice is guided by two fundamental principles: anyone accused of a crime is entitled to the presumption of innocence; always put the best interests of our clients first. When you work with us, we will take the time to explain all of your rights and the charges you are facing. The fact that you have been arrested does not mean that you will be convicted. Remember, the state must be able to prove your guilt beyond a reasonable doubt.
Our criminal defense team will conduct an extensive investigation, including interviewing the arresting law enforcement officers and carefully weigh the strength of the evidence against you. We know that prosecutors in Wellington and Palm Beach County take a tough on crime stance and will typically utilize aggressive tactics to gain convictions. We will level the playing field by revealing flaws in the opposing side’s case, presenting evidence of your innocence, and choosing the best line of defense, including:
- An alibi — you were not at the scene at the time the crime occurred
- Mistaken identity — the victim or witnesses misidentified you
- Idle threats — a mere threat without an accompanying physical act that justifies a belief that you would carry out the threat does not constitute an assault
- Lack of intent — you did not intent to commit a felony
Contact Our Wellington Aggravated Assault Attorney
When you become a client of Herman Law, P.A., you can trust us to stand by you every step of the way and to vigorously fight for your rights. Knowing that going to prison is a frightening prospect, will work tirelessly to prevent that from happening and to preserve your freedom. If you have been charged with aggravated assault in Wellington, contact our office for a free case evaluation today.