An assault is an intentional unlawful threat by work or act of violence to another with the apparent ability to do so, and perform some act which creates a well-founded fear that violence is imminent. This 2° Misdemeanor is often referred to as “Simple Assault. Fla. Stat. §
If a person commits an act that is considered an “assault”, but uses a firearm (or other Deadly Weapon), then that act is considered an Aggravated Assault with a Firearm. This is a 3° Felony and if convicted, a person could be sentenced to up to 5 years in prison. Fla. Stat. §778.087, 784.021.
This serious weapon charge can involve situations of domestic abuse, road rage, fights between neighbors, or even disputes at pistol ranges.
If you have been charged with an Aggravated Assault with a Firearm in the Tampa Bay Area, call one of the experienced Tampa Weapons Attorney’s at Taracks & Associates for your Free Consultation today at 813-281-2897.
We can discuss the facts of your case, and gather the evidence, or locate the witnesses that can be crucial in defending you from this serious allegation.
We can discuss whether Florida’s Stand Your Ground Law is a defense to the charge that you are facing. Did you know that the amount of force you use to defend yourself can be based upon the amount of violence that you were presented with? Even with Florida’s Stand Your Ground Law, the surrounding facts and witnesses are crucial in presenting your defense.
It is imperative that you seek an experienced Tampa Criminal Defense Attorney if you are facing an Aggravated Assault with a Firearm charge. Often, there are other witnesses, videotapes from nearby business, as well as other sources of information that can help proved that you acted within the law due to the surrounding facts. Tapes get erased/taped over, witness’s memories fade, and even the ability to track down helpful witnesses is more difficult the longer that you wait.
Our first goal is to convince the State of Florida that you acted within the law if you are facing this type of charge. In the cases in which we are not successful in getting the weapon charge dropped, we have had success in convincing the prosecutors in Hillsborough, Pasco, Polk and Pinellas Counties to allow a plea to lesser charges that include Improper Exhibition of a Firearm (1° Misdemeanor), or even Discharging a Firearm in Public (1° Misdemeanor).So, if you have been accused of Aggravated Assault with a Firearm, call the law firm of Taracks & Associates for your Free Consultation at 813-281-2897. We can then discuss the facts of your case, and we can begin to defend you from this serious weapons charge to protect your freedom, livelihood and reputation