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Aggravated Assault with a Firearm: Sentencing and Penalties

Arguments can easily get out of hand, and the presence of a firearm can only complicate things further. If you’ve been charged with aggravated assault with a firearm, or suspect you may be soon, it’s time to contact the experienced legal team at Hanlon Law. 


What is Aggravated Assault? 


Assault, as a legal term, is when someone threatens you with harm, either verbally (with words) or physically (with actions). Aggravated assault is a step up from that, and includes an action or indication that the attacker is now actively attempting to cause you harm.


There are three requirements for an incident to qualify as aggravated assault: 


  • Someone verbally or physically threatens harm
  • They are clearly capable of making good on that threat at any moment
  • They make a move or otherwise indicate their intent to cause harm using a deadly weapon or by committing a felony


Florida Statute 784.021 categorizes aggravated assault as either an assault “with a deadly weapon without intent to kill” or “with the intent to commit a felony.” Aggravated assault with a firearm falls under the former.


Aggravated Assault with a Firearm


Aggravated assault with a firearm is any aggravated assault committed with the use of a firearm. Florida law describes firearms as “any weapon (including a starter gun) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; any destructive device; or any machine gun.” 


For an incident to be considered aggravated assault with a firearm (as opposed to something more serious, such as attempted homicide), the aggressor must use a firearm without actually intending to kill. This can be difficult, if not impossible, to prove, as intent is almost entirely an internal thought process. Any conclusions drawn from a person’s words and/or actions are, in the end, only educated guesses. Having an experienced defense attorney on your side can make all the difference. 


What are the Consequences for Aggravated Assault with a Firearm? 


In the state of Florida, aggravated assault with a firearm is classified as a third-degree felony. As such, it is punishable with up to 5 years in prison, along with fines up to $5,000. Depending on the specific circumstances of the case and the judge’s discretion, the defendant may also be sentenced to things like anger management courses, and he or she may also lose their right to legally possess a firearm. 


However, it’s important to note that the consequences increase exponentially if the firearm is actually discharged in the course of the aggravated assault. Sentences for such a charge involve mandatory prison time, with a maximum of 20 years.


There are, of course, other aggravating factors that can increase sentencing, such as prior convictions or the use of machine guns or semi-automatic weaponry.


How to Defend Against Aggravated Assault with a Firearm


The burden of proof lies on the prosecution, who must be able to show the three requirements for aggravated assault with a firearm beyond a reasonable doubt. Despite the word “aggravated,” such charges do not actually have to include any violence. Similarly, aggravated assault with a firearm does not have to include the discharging of said firearm, nor does the alleged victim need to have been physically harmed for the charges to stick. All the prosecution needs to prove is that you threatened harm in a manner that caused the victim to reasonably fear imminent violence. 


With that in mind, there are many defense strategies that an experienced gun crimes lawyer might explore, such as:

 

  • Self-defense (or defense of others): the defendant’s actions were justifiable in defense of either themselves or another person
  • Unreliable victim: the alleged victim is intentionally or unintentionally misrepresenting events
  • Lack of threat: the defendant’s actions were not sufficient to suggest imminent violence
  • Lack of follow-through: the defendant was clearly unable to follow through on their threats, precluding any threat of imminent violence


Gun Crime Lawyer in Orlando


Which defense is best will depend heavily on the circumstances of the case, which is why it’s vital to have a seasoned defense attorney on your side. At Hanlon Law, our team leverages nearly two decades of experience in the business. We’ll walk you through every step of the process and take every opportunity to advocate on your behalf, both in and out of the courtroom. With our aggressive strategy and focus, we’ll help ensure the best possible outcome. If you’ve been charged with aggravated assault with a firearm, or any other gun crime, don’t wait! Contact us today to schedule a free consultation.

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