An Experienced Tampa Aggravated Assault Lawyer Can Help You Reclaim Your Future
Florida aggravated assault charges come with serious legal consequences. If you’ve been accused of aggravated assault in Tampa, your options are limited. Immediately involving an experienced Tampa aggravated assault lawyer is how you can take charge of your legal outcome.
A criminal defense lawyer can work to have your charges reduced or dropped entirely. In other cases, an experienced aggravated assault lawyer can work to see that the consequences you face are lessened, leaving you with reduced jail time and legal fines.
Taracks and Associates is a criminal defense firm with 30 years of experience in the Tampa area. We fight to improve the criminal case outcomes of clients in the Tampa area who are facing charges that bring life-altering consequences.
If you’ve been accused of aggravated assault in Tampa, contact Taracks and Associates at 813-990-0599 to schedule a free consultation and learn how we can help you fight your charges.
Why Choose Taracks and Associates?
A Leader in Tampa Criminal Defense for 30 Years
Taracks and Associates has been a leader in Tampa criminal defense for the past 30 years. Founding attorney Barry Taracks is a former state prosecutor with decades of courtroom experience. Barry’s experience on both the public and private sides of Florida criminal defense give him the knowledge and expertise required to build a defense argument while considering and countering the line of argument used by the prosecution.
Barry Taracks’ extensive history working in Florida criminal defense has given him the following advantages:
- Experience as lead attorney in hundreds of courtroom jury trials
- Handling of over 10,000 cases
- Strong track record of having criminal charges dropped or reduced
- Licensed to handle both state and federal offenses
- Years of experience as a state prosecutor
- Extensive knowledge of case law
- In-depth understanding of criminal prosecution strategies
- Experience appealing to both judges and juries
- Commitment to fighting for justice and restoring clients’ futures.
In his time as a state prosecutor, Barry Taracks saw how often individuals facing criminal charges like aggravated assault receive harsher penalties than they would have faced with experienced representation fighting on their side.
Taracks and Associates was founded to fight for the rights of those who don’t have the legal knowledge to protect themselves from losing years of life behind bars. The Taracks and Associates case results show the impact our firm has on restoring freedom to those facing charges they don’t deserve.
Without an experienced Tampa aggravated assault attorney, you leave the outcome of your case to chance — and when the penalties include felony charges, thousands of dollars, and years in prison, that’s a chance you shouldn’t take.
Aggravated assault charges put your future on the line, and the time to act is now. Your outcome is only as good as your defense. Call Taracks and Associates today at 813-990-0599 to schedule a free initial consultation with an experienced Tampa aggravated assault lawyer.
What Is Aggravated Assault in Florida?
How Florida Distinguishes Assault and Aggravated Assault
Florida law distinguishes violent crimes as assault and battery. When the accused causes physical harm to another, they face battery charges. When no one was physically harmed, the resulting charges are assault charges.
Simple assault involves threatening to harm another person. According to the legal definition of assault, the accused must have intentionally threatened to harm another, either through their words or their actions; appeared to have the ability to carry out the act of harm being threatened; and created a fear of harm in the person being threatened.
Simple assault is a misdemeanor in Florida. However, two situations can result in assault being categorized as aggravated assault, which is a much more serious felony charge.
A person can be charged with aggravated assault in Florida if the assault involves either use of a deadly weapon or the intention to commit a felony.
Two Reasons for Florida Aggravated Assault Charges
The first reason for Florida aggravated assault charges is simple enough: committing simple assault with a deadly weapon. Florida law defines a weapon as any gun, knife, or other device intended to cause harm to another. The law is open to interpretation when it comes to other objects that could cause physical harm. Florida legal precedents establish that items like a glass bottle, mirror, or piece of glass can be considered deadly weapons in the context of a violent crime.
The second scenario that can result in aggravated assault charges is threatening violence with the intent to commit a felony. This can apply to any intended felony. Common situations include the intention to commit one of the following:
To meet the criteria for Florida aggravated assault charges, the prosecution must prove — using the accused’s words or actions — that they intended to commit a felony.
Legal Consequences of Aggravated Assault Charges in Tampa
Aggravated assault in Florida is a third-degree felony. Florida law identifies five different types of felonies:
- First degree
- Second degree
- Third degree.
While a felony of the third degree involves the least-harsh penalties, they are still significant. An individual convicted of aggravated assault charges in Tampa faces up to five years in prison and fines of up to $5,000.
However, some situations can lead to even harsher penalties. Situations that can bring longer sentencing time include:
- Conviction of two prior Florida felonies on record
- Charges within five years of a previous felony conviction
- Charges within five years of release from prison or probation
- Charges while serving a sentence for another felony.
If the alleged aggravated assault occurred under these types of circumstances, the accused can face a sentencing time of up to ten years. With this sort of conviction, the individual is not even eligible for release until five years of the sentence have been served.
If you’ve been charged with aggravated assault in Florida, you’re facing significant prison time. Violent charges remain on your criminal record, impacting matters like employment, housing eligibility, and sentencing outcomes should future charges be filed.
Don’t make the mistake of thinking that Tampa aggravated assault charges aren’t serious because no one was harmed. You need a criminal defense lawyer on your side now to build a case in your defense. Call Taracks and Associates today at 813-990-0599 to arrange a free consultation with a Tampa aggravated assault lawyer.
Frequently Asked Questions
What Clients Want to Know About Aggravated Assault Charges in Tampa
Here are a few common questions asked by individuals facing Tampa aggravated assault charges. Taracks and Associates can answer case-specific questions during a free initial case review.
The nature of an aggravated assault charge makes it easier for a lawyer to argue it against than other types of violent crimes. The most common defenses an aggravated assault attorney might use include self-defense, defense of another, lack of a deadly weapon, inability to carry out the threat, or insufficient proof of the intention to commit a felony.
The cost of a Tampa aggravated assault attorney depends on many case-specific factors, such as the complexity and length of a case. Price typically reflects the experience and resources of a firm. Ultimately, the cost of an aggravated assault attorney should be weighed against the likely outcome of thousands of dollars in legal fines and years of prison time.
Florida recognizes “special victims” in aggravated assault cases. Special victims can include first responders, school employees, the elderly, corrections officers, Department of Children and Family Services (DCFS) employees, and public transportation workers.
In Florida aggravated assault cases involving a special victim, charges can be increased from a third-degree felony to a second-degree felony, leading to a possible sentence of up to 15 years in prison.
The type of weapon involved and how it was used both have a direct impact on the legal outcome of an aggravated assault case. If a firearm was involved, a conviction brings a mandatory three-year minimum sentence for aggravated assault with a firearm. If the firearm was fired during the incident, sentencing can increase to as much as 20 years.
In other cases, objects that are not inherently dangerous, like a bottle, can be regarded as deadly weapons. Other objects, like a pocketknife or a blunt table knife, are not regarded as deadly weapons under Florida law. The type of weapon involved in the situation that led to aggravated assault charges can determine whether charges are dropped entirely, or sentencing is extended beyond the normal term.
These general questions may help to shed light on the severity of your charges and your possible case outcome. However, every aggravated assault charge depends on a highly unique set of circumstances. An aggravated assault lawyer can help you understand more about the penalties you’re facing and your chances of beating your charges.
What to Do After Being Charged with Aggravated Assault in Florida
Your Response to Aggravated Assault Charges in Tampa Determines Your Future
How you respond in the aftermath of an arrest for aggravated assault has an immediate impact on the outcome of your charges. The less you say to law enforcement, the better. Never admit guilt, and don’t try to explain your actions, motives, or any other circumstances of the incident to the police.
Aggravated assault charges often lead to emotions like confusion and anger. An individual arrested and charged with aggravated assault often feels like there has been a mistake or an overreaction on the part of law enforcement since no one was physically harmed.
Attempting to defend your actions to the police won’t help your case, but it can result in your accidentally making incriminating statements that lead to a conviction once a case gets to court. Don’t speak with the police — instead, ask to call a Tampa aggravated assault lawyer immediately.
Waiting to Call an Aggravated Assault Lawyer Is a Grave Mistake
If you’ve been charged with aggravated assault, you need to begin working with a criminal defense attorney right away. These charges aren’t concerned with the harm that was — or wasn’t — done. They are solely about intention. This means that it can be easy to underestimate the gravity of the charges you’re facing.
Failing to involve an aggravated assault attorney puts you at risk of spending up to five years in prison — and up to ten years in certain situations. An attorney can have a significant impact on the outcome of your charges and may even be able to get them dropped entirely. If you don’t have a lawyer fighting for your rights, it’s unlikely that you’ll see your charges dropped or reduced.
How an Experienced Tampa Aggravated Assault Lawyer Makes a Difference
An Aggravated Assault Lawyer’s Track Record Speaks for Itself
A Tampa aggravated assault attorney has three chief options for fighting your charges. These are:
- Get the charges dropped entirely.
- Have the charges reduced to a lesser crime, like simple assault.
- Work for the most lenient sentencing available.
Aggravated assault charges are highly circumstantial. They are determined by the accused’s intentions and the victim’s feelings of fear. This means that a skilled lawyer has room to reinterpret for the court how events occurred.
In many cases, a Tampa aggravated assault attorney can have a client’s charges dropped due to a lack of evidence or on grounds of a misinterpretation of a client’s words or actions.
When dropping charges is impossible, another common outcome is to have aggravated assault dropped to simple assault. Instead of a felony charge, a client is then left with misdemeanor charges and the possibility of probation rather than jail time.
Finally, even in situations in which overwhelming evidence makes overturning an aggravated assault charge impossible, an experienced lawyer can manage to cut years off a prison sentence.
Regardless of the amount of evidence the prosecution may have against an individual accused of aggravated assault, an experienced Tampa aggravated assault attorney knows how to fight to get the best possible outcome for a client.
The difference between an inexperienced attorney and one with years of experience practicing criminal defense in Tampa can mean years of life spent behind bars, thousands of dollars, and criminal charges that remain on record forever. Call Taracks and Associates today at 813-990-0599 to schedule a free initial consultation