Assault With a Firearm Charges Dropped

We recently defended a client who was originally arrested for aggravated battery and aggravated assault with a firearm. He had no criminal history but was potentially facing 15 years in the Department of Corrections with a 20 year minimum mandatory for the discharge of a firearm. By maintaining constant vigilance on the case throughout both the initial filing process and the litigation stage, we were able to show the State the weaknesses in their case.

Depositions of the lead detective, the crime scene investigators, civilian witnesses at the scene, and even the failure to appear of key witnesses all led to the eventual dismissal by the State of all charges against the defendant. The crime scene technician was questioned during deposition and had to admit that she had missed key evidence of possible bullet damage to the vehicle during her inspection of our client’s car. The lead detective was then deposed and had to admit that he also did not consider the possibility that our client may have been the actual victim of the shooting.

This is an example of what diligence and investigation by the defense attorney can bring to clients who entrust us with their lives and futures. Our client is expecting his first child in December of this year, a beautiful baby girl. Because of our work, he will now be able to raise this child free of any fear of conviction and incarceration.

Florida Takes Action Against Mandatory Minimum Sentencing for Aggravated Assault with a Firearm

As of July 1, 2016, aggravated assault with a firearm will no longer carry a three-year mandatory minimum sentence; however, it remains a third-degree felony punishable by a maximum of five years in state prison and a $5,000 fine. The sentence you receive upon conviction depends on your criminal history, the facts of the case, and any other factors that may be relevant.

If you are charged with felony assault with a firearm that took place before July 1, 2016, the update in the law does not benefit you if you are convicted. It is crucial to work with a hard-working attorney who is committed to preserving your rights and freedom.

At the Umansky Law Firm, we employ a team of accomplished Orlando defense lawyers ready to pursue your case. Call 407-228-3838 for a free case review or email us a description of your case. We are also available 24/7 to chat online. Do not hesitate to seek a strong defense lawyer; the sooner you work with an attorney, the greater your case will benefit.

 

 

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