Aggravated Assault in Orlando, FL

Aggravated Assault

When tensions run high, it’s easy to say or do something rash. Unfortunately, one word or move in the heat of the moment can lead to aggravated assault charges that derail your life. If you need an aggravated assault attorney in Orlando, Florida, Hanlon Law is here for you.

What Is Aggravated Assault? 

Aggravated assault is a legal term used to refer to a situation in which one individual (the aggressor) threatens another individual (the victim). There are three criteria for an incident to qualify as aggravated assault:

1. The aggressor makes a threat to harm the victim, either verbally or by making a physical movement
2. The aggressor is immediately and obviously capable of following through on their threat
3. The aggressor makes a move or appears to be beginning to follow through on their threat

Assault vs. Aggravated Assault vs. Battery

Aggravated assault is often confused with assault and battery. And in turn, assault and battery are often mistaken for one charge. In actuality, assault, aggravated assault, and battery are three separate charges. 

While they are very similar, assault and aggravated assault are separated by how close the attacker gets to following through on their threats. In simple assault cases, the attacker threatens either verbally or physically to harm the victim, but does not move or attempt to actually hurt them. 

In aggravated assault cases, the attacker goes so far as to attempt to hurt the victim, by either moving toward them, throwing a punch, etc. 

Aggravated assault charges may graduate to battery charges should those attempts become successful, and the attacker makes physical contact with the victim in a manner that causes them harm.

Over the years, Orlando, Florida prosecutors have eased up on attempting to convict simple assault cases. It’s difficult to distinguish intent to harm from big words, and unless there is video or audio evidence, simple assault cases often become a game of he said, she said. 

However, the state of Florida still takes aggravated assault charges very seriously. By making a move to cause physical harm, intent becomes much easier to define.

What Are the Consequences for Aggravated Assault in Orlando, Florida? 

An aggravated assault charge is a third-degree felony. The circumstances of the incident will determine what, if any, the minimum sentence will be, but the maximum prison sentence for aggravated assault is 5 years in a Florida State Prison. 

If, however, the incident involves the use of a firearm, that maximum sentence does not apply, and in fact, there is a 3-year minimum prison sentence. The sentence may be increased if the firearm in question is a machine gun or a semi-automatic with a high-capacity, detachable magazine.

How to Defend Against Aggravated Assault Charges

There are many ways to defend against an aggravated assault charge in Orlando, Florida. The first is for the defense lawyer to speak to the prosecutor assigned to the case as soon as possible. He or she may be able to get the prosecutor to drop the case by discussing the situation, order of events, available evidence, and the defendant’s own personal character and history of behavior.

Some defenses the defense may use, either in this initial meeting with the prosecutor or in actual court, include:

• Unreliable victim: The alleged victim may be lying in an effort to manipulate the defendant or to affect the outcome of a separate proceeding.
• Lack of threat: The alleged victim’s claims of feeling threatened are unfounded.
• Self-defense: The alleged victim actually threatened the defendant first, and the defendant was simply acting in self-defense.
• Lack of intent: The defendant did not intend to commit a felony during the progression of the aggravated assault.

In cases that involve the use of a firearm, the defense attorney may also present arguments to reduce the proposed sentence. They may point out that the weapon in question was not deadly, or that, as the weapon was never discharged, there is no call for enhanced sentencing. 

Experienced Aggravated Assault Attorneys in Orlando, Florida

If you’ve been charged with aggravated assault, don’t wait. Contact Hanlon Law today so we can start working for you as soon as possible. Our experienced team will listen to your side of the story, explain the charges to you, and use all the evidence and tools at our disposal to give you the best defense possible. 

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• Aggravated Assault
• Domestic Violence
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