The presence of a firearm can act as an aggravating factor during an aggravated assault defense case, which can potentially result in dire consequences. Russo, Pelletier & Sullivan, the leading criminal defense attorneys in St. Petersburg, can help meticulously work to build a strong defense against an aggravated assault with a firearm charge.
How Does the Presence of a Firearm Affect an Aggravated Assault Charge?
Aggravated assault involves the intentional threat of violence against another person under circumstances where there is an apparent ability and inherent intent to carry out that threat, even if no action is taken. When a firearm is displayed in a threatening manner, the penalties associated with this charge can be enhanced. This is true even when the gun is not fired. In Florida, Aggravated assault is considered a felony of the third degree, with potential consequences including up to five years in prison, probation, and fines of up to $5,000.
Potential Defense Strategies
When facing allegations of aggravated assault with a firearm, your St. Petersburg defense attorney with Russo, Pelletier & Sullivan may consider several defense strategies to challenge the prosecution’s case and achieve the most favorable outcome for you. These defense strategies can include, but are not limited to:
Stand Your Ground Law/Self-Defense
Florida’s Stand Your Ground law permits individuals to use force, including deadly force, if they reasonably believe it is necessary to prevent imminent death, great bodily harm, or the commission of a forcible felony against themselves or others. If it can be demonstrated that you acted in self-defense or defense of others, it could result in a reduction or dismissal of an aggravated assault charge.
Insufficient Evidence
Another defense strategy that is often employed in these cases is to critically analyze the character and believability of the alleged victim. For example, if the alleged victim has a history of being dishonest, or is a convicted felon, his or her credibility may be called into question. If the prosecution fails to substantiate its claims beyond a reasonable doubt, it could result in the reduction or dismissal of the aggravated assault with a firearm charge.
Lack of Intent or Knowledge
A key element of aggravated assault charges is the defendant’s intent to cause harm or instill fear in the victim. If the defense can establish that the defendant lacked intent or was unaware of the presence of a firearm during the alleged incident, it could potentially weaken the prosecution’s case and demonstrate that the defendant’s actions were either misconstrued or misinterpreted.
Do Not Face an Aggravated Assault Charge By Yourself
If you or a loved one is facing allegations of aggravated assault with a firearm, do not hesitate to get highly-experienced representation from the skilled criminal defense attorneys with Russo, Pelletier & Sullivan for the most favorable outcome.
Request a case consultation or give one of the criminal defense attorneys in St. Petersburg with Russo, Pelletier & Sullivan a call today at (727) 493-9386.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.