Client was arrested with Aggravated Assault with a Firearm, where he was accused of pulling a gun on his old boss. Officers responded to a pizza restaurant where upon arrival, contact was made with the manager. Officers were advised that management had engaged in a verbal dispute with a terminated employee, who was there to retrieve a paycheck. The terminated employee stated, “What you gonna do now” then lifted his shirt and displayed a firearm that was located in his waistband. The manager grabbed our client by the neck and threw him to the ground. A threat was then made by our client that he was going to kill him, where he then left the building. Our client was later arrested at his home.
Aggravated Assault with a Firearm in Florida
Aggravated assault with a firearm in Florida is a third-degree misdemeanor that is defined as an intentional or unlawful threat that takes place with a firearm. If convicted, an individual could spend up to 5 years in prison. There could also be a 5 year probation period with fines up to $5,000. If the firearm is discharged during the assault, the offender could be looking at up to 20 years in prison.
In order for the state attorney to prove there was aggravated assault with a firearm, they will need to prove the following:
- The offender intentionally or unlawfully threatened by act or word to do violence to the victim.
- At the time of the threat, it appeared that the defendant had the ability to carry it out.
- The victim had a fear that the violence was going to take place.
- The assault took place with a deadly weapon or there was a conscious effort to commit a felony upon the victim.
- The defendant carried, used, displayed, attempted to use, or threatened to use the firearm that was carried by the defendant. If the firearm was discharged, that will need to be proved, or if there was great bodily injury, that will also need to be proved.
If you have been charged with aggravated assault with a firearm, there could be hefty consequences. It is in your best interest to obtain legal services ASAP. Musca Law wants to defend you. We offer a free initial consultation and have over 150 years of experience with their staff. We have many defenses that can be used for aggravated assault with a firearm and will work diligently to have your charges either reduced or completely dismissed. Musca Law takes on cases throughout the Florida area and we look forward to hearing from you.
RESULT: The manager admitted to jumping our client and strangling him as soon as he saw the gun. We convinced the State that they did not have the elements in place to prove Aggravated Assault with a Firearm. Client Receives NO Prison, No Conviction and No Probation.