Assault with a deadly weapon is a felony offense that can result in up to five years in prison. A felony conviction can inflict collateral consequences beyond a jail sentence, like losing your ability to vote or hold public office.
A criminal defense attorney can review the details of your case and negotiate with the prosecutor about your criminal charges. An attorney gives you the best opportunity to avoid a criminal conviction and minimize the long-term consequences of your conviction. Our team at Moses and Rooth has over two decades of combined experience helping individuals facing criminal charges in Florida. We dedicate our practice to representing the rights of those dealing with criminal accusations. As former prosecutors, we know what details the district attorney is looking for when deciding whether to reduce or dismiss charges. Contact our team today so we can start creating a strategy for your case.
How to Get Assault Charges Dismissed in Florida
In Florida, assault consists of three primary elements:
- An intentional, unlawful threat by word or act to do violence to the person of another;
- The apparent ability to do so; and
- Commission of an act that creates a well-founded fear in the victim that violence is imminent.
The prosecutor must prove each element to successfully secure a conviction. You do not need to inflict any injury to be charged with assault.
In some cases, a legal defense can apply and make proving the charge beyond a reasonable doubt more difficult. If this is the case, the prosecutor may agree to reduce your charges or dismiss them entirely. A basic assault charge is considered a second-degree misdemeanor in Florida, which carries the possibility of up to 60 days in jail and a fine of up to $500
Can Assault with a Deadly Weapon Charges Be Dropped?
Yes, a prosecutor can decide to drop these charges if they are presented with good reason. In Florida, assault with a deadly weapon without intent to kill is called aggravated assault. For example, if an individual threatens someone with a gun but only intends to scare them, the State might charge them with aggravated assault. A deadly weapon can also include things like knives, brass knuckles, or explosives. Florida considers assault with a deadly weapon to be a third-degree felony. It carries the possibility of up to five years in prison and a fine of up to $5,000. If you receive a second assault with a deadly weapon charge within five years of completing the sentence for a prior conviction, you can face a minimum of 5 and a maximum of 10 years in prison.
Assaulting someone with a deadly weapon combined with the intent to kill can warrant murder or attempted murder charges.
So, how do you get assault with a deadly weapon charge dropped?
Potential Defenses to Assault Charges
As stated above, certain legal defenses can apply that defeat an element of the charged offense. If your lawyer finds such a defense, they might convince the prosecutor to reduce or dismiss your charges. Defenses that may apply to your case include:
- You were acting in self-defense or defense of others,
- The threat was conditional on another action,
- There was no action taken that created a well-founded fear that violence was imminent, and
- You were physically incapable of committing violence against the alleged victim.
Depending on the facts of your case, such a defense could defeat an element of the crime. If the prosecutor knows that a defense applies, they know they will likely lose at trial. This might persuade them to dismiss the case or reduce the charges.
Contact Moses and Rooth Attorneys at Law
A felony conviction can impact your ability to legally own a firearm and qualify for certain jobs. The best way to avoid a felony aggravated assault charge is by consulting an attorney to see if a legal defense applies to your case. Our team will do everything in our power to secure a favorable outcome for you.
Attorney Andrew Moses gained experience as a prosecutor in Orange and Osceola Counties, giving him a unique perspective of the criminal justice system and inside knowledge of how the state builds its case. With 20 years of criminal law experience, Andrew has handled a wide variety of different cases, including aggravated assault.
Attorney Jay Rooth also boasts 20 years of legal experience and was awarded the AVVO Clients Choice award in 2012. Jay currently holds the highest possible AVVO rating of 10.0.
Attorney Paul Ghezzi worked as an Assistant State Attorney for approximately ten seven years before he started representing individuals accused of crimes. Paul’s extensive courtroom experience gives him firsthand knowledge of navigating jury trials and defending his clients. Our knowledge and experience make us especially equipped to handle your case. Contact Moses and Rooth today to schedule an appointment with a member of our team.
Andrew Moses
Andrew has been practicing criminal law his entire career. After graduating from law school he began working as an Assistant State Attorney prosecuting cases in Orange and Osceola Counties. During his time as an Assistant State Attorney, Andrew handled all types of cases ranging from misdemeanors to such serious felonies as drug trafficking and armed robbery. His experience as a prosecutor helped him gain perspective of the criminal justice system and how the government established its cases.
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