Aggravated Assault with a Firearm Tampa Aggravated Assault Attorney

If you have been arrested for Aggravated Assault with a Firearm in Hillsborough County, Pinellas County, Polk County, Pasco County, Manatee County, or one of the surrounding Tampa Bay areas, contact us to discuss your case with an experienced Tampa aggravated assault criminal defense attorney. Typical arrests for aggravated assault with a firearm occur even in a self-defense situation when an individual is threatened and shows or points a firearm to prevent the other party from attacking.

Many aggravated assult with firearm charges are the result of a road rage incident in which one party is attacked by another party while driving in Florida. Florida law provides for special self-defense provisions if you were attacked while in your vehicle. Florida law also provides for special self-defense provisions if you were attacked while in your home or place of business.

Aggravated Assault with a Firearm

Under Florida law, the criminal offense of misdemeanor assault alleges that the defendant committed an act that threaten imminent violence. If a weapon is used, the charge is the the criminal offense of felony aggravated assault. If the offense charged is Aggravated Assault with a Firearm, under Florida Statute Section 784.021, the following elements must be proven beyond all reasonable doubt:

1. The defendant unlawfully and intentionally threatened another person by saying or doing something.
2. At a time that the defendant made the threat he appeared to have the ability to carry out the threat.
3. The act of the defendant caused the alleged victim to have a well-founded fear that the violence was about to take place.
4. The defendant used a firearm by pointing the firearm at the victim in a manner which threatened to use the weapon in a way likely to produce death or great bodily harm; and
5. The defendant had a fully-formed, conscious intent to commit the aggravated assault with a firearm upon the alleged victim.

The prosecution is not required to prove that the defendant intended to kill anyone under Florida law. An aggravated assault is a third degree felony punishable by five (5) years in Florida State Prison and a $5,000 fine. If the assault involved the actual possession of a firearm, then the offense also carries with it a three (3) year minimum mandatory prison sentence, meaning that if you are convicted, the court must sentence you to at least three (3) years in Florida State Prison.

Florida aggravated assault occurs when a deadly weapon is used without the intent to kills but with an intent to commit a felony. Lesser included offenses include improper exhibition of a dangerous weapon or firearm under Florida Statute 790.01, and discharging firearms in public under Florida Statutes 790.15.

Any arrest for any offense involving a firearm is serious. If you believe your case involves the use of non-deadly force in self-defense or the use of deadly force in self-defense, discuss your case today with an experienced Tampa aggravated assault attorney taking cases in Hillsborough County, Pinellas County, Pasco County, Polk County and the surrounding areas.