Assault in Florida can be upgraded from a misdemeanor to a third-degree felony if the act involves brandishing a deadly weapon. While many consider deadly weapons to be guns and knives, the term refers to any instrument that can cause great bodily harm or death if used in a particular way.
For example, if someone on the beach at Dinky Dock raises a paddleboard and charges at a swimmer, threatening to strike them, the paddleboard could be considered a deadly weapon. You do not need to touch a hair on one’s head to be charged with third-degree assault in Orlando. If you are charged, a skilled assault lawyer could help you get the most favorable results in your case.
Under Florida Statutes § 784.021, third-degree assault occurs when aggravating elements are added to a simple assault. This charge reflects that the perpetrator intentionally threatened another with violence, was able to carry out that threat, and instilled a fear in the person threatened that violence was about to occur. After the defendant has been charged, the prosecutor must show they acted deliberately and the altercation was not a joke or accident. The defendant’s intent does not have to have been to cause actual physical harm but to create the fear of a violent attack. If an attack is completed, battery can be added to the aggravated assault charge.
The perpetrator must also have used a deadly weapon to enforce threats, differentiating between a simple and an aggravated assault. Orlando Police could also charge someone with third-degree aggravated assault if they were committing another felony, such as a burglary, when a simple assault occurred.
Florida law considers any object that could cause severe injuries or death when used in a specific way as a deadly weapon. In McCray v. State, 919 So. 2d 647 (Fla. 1st DCA 2006), a car was ruled to be a deadly weapon because the driver intentionally used it to threaten another person. A staple gun aimed at a person’s head, a hammer used to threaten, or a wine bottle wielded towards another can all be considered deadly weapons and lead to an aggravated assault charge.
Brandishing a firearm is a classic element of aggravated assault, and it does not matter whether the gun is loaded. As exemplified in Williams v. State, 651 So. 2d 1242 (Fla. 2d DCA 1995), if a perpetrator intentionally instills in the target a fear for their life, an unloaded gun can be considered a deadly weapon when attempting to prove an aggravated assault in Orlando. How an object is used to intimidate the target is the definitive element in an aggravated assault charge.
Third-degree felonies, including aggravated assault, are punishable by incarceration of up to five years in Raiford or another state prison. The 10-20-Life law, codified as Fla. Stat. § 775.087, may apply if a firearm was instrumental in the commission of an assault. Incarceration can increase to a mandatory 10 years if a firearm is brandished during a forcible felony, 20 years if the firearm is discharged, and 25 years to life if the discharge causes death.
These charges establish the perpetrator’s criminal record and will impact their ability to secure jobs, loans, mortgages, and housing. Voting rights can be suspended, and the privilege of owning a firearm can be taken away. There may also be severe social consequences to these accusations. To fight third-degree assault charges in Orlando, contact our experienced defense lawyers now.
The circumstances surrounding an assault charge are almost always subjective, and there are two sides to every story. The prosecutor must prove beyond a reasonable doubt that you intended to place the plaintiff in fear of a violent attack.
To be convicted on aggravated assault charges, you must have brandished a deadly weapon while threatening harm, with the weapon being an integral part of that threat. Our skilled attorneys analyze every aspect of your case, seeking facts that could exonerate you. If you are charged with third-degree assault in Orlando, contact The Umansky Law Firm now to map a plan for your defense.
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