Attorney Zahra Umansky represented a client in Osceola County accused of Aggravated Assault with a Firearm. The minimum mandatory sentence for this alleged offense is 20 years in prison. The allegation was that the client shot a firearm towards the alleged victim – therefore Florida’s “10/20/Life” sentencing provisions apply. Attorney Zahra Umansky contacted the alleged victim, who did not want to prosecute. She then prepared an affidavit from the alleged victim to the prosecutor stating her desire to have the charges dropped. On the day of trial, the prosecutor dismissed the charges. Attorney Zahra Umansky succeeded in getting the charges against her client dropped!
The 10/20/Life sentencing has severe implications for an individual accused of any segment of it. It is not only applicable for firearm-related crimes, though. Though it is 10 years of jail time for carrying a weapon during a felony, 20 for firing it, and 25 to life for shooting and injuring or killing someone, the mandatory minimums for many other crimes were also increased. This includes aggravated assault on police officers and the elderly.
Employing the “use a gun and you’re done” slogan, Florida Statute 775.087 was instituted in an effort to bring down the number of violent felonies in Florida that transpire annually. Additionally, there are specific provisions that outline the prison sentences for those in possession of automatic weapons and machine guns, which have a magnitude of violence that is far more severe than ordinary firearms that offenders often use when committing various crimes.
2012-CF-828
Attorney Zahra Umansky represented a client accused of carrying a concealed firearm through security at the Orlando International Airport. The client was accused of knowingly concealing a gun in his carry-on bag. Attorney Umansky was successful in showing the prosecutor that her client did not know that the gun was in his carry on at the time of the security screening. Attorney Umansky successfully had the charges dismissed against her client!
Attorney Umansky’s client faced up to 60 days in jail and/or $500 fine for carrying a concealed firearm where prohibited. Attorney Umansky provided the prosecutor with affidavits from her client’s witnesses that attested to the fact that this was not an intentional act. Additionally, attorney Umansky provided the prosecutor with documentation regarding her client’s military & law enforcement background.
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Recently, in 2016 Governor Rick Scott signed a bill that repealed Florida’s “10-20-Life” Law. The sentencing guideline stripped judges of their discretion when issuing sentences, whether they were sentencing a habitual offender or a young offender who might deserve a second chance.
As of July 1, 2016, aggravated assault with a firearm will no longer carry a mandatory minimum prison sentence; however, these charges must be taken seriously regardless of the changes in the law.
Aggravated Assault in Florida with a Deadly Weapon can carry steep fines and incarceration upon conviction. If you face charges of aggravated assault, do not hesitate to consult our team of knowledgeable Orlando defense attorneys to protect your rights and fight the charges against you.
We provide free consultations so you can understand the severity of the situation. Call 407-228-3838 or email our law firm to speak with a qualified lawyer.
The Umansky Law Firm Criminal Defense & Injury Attorneys
