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What is the sentence for assualt with a deadly weapon in florida?

Pensacola, FL |

My husband is being charged with this crime. And they say i am the victim, but I dont understand what they mean because he didnt touch me or verbally threaten me in any way.

Attorney Answers 2

  1. In Florida, Assault with a Deadly Weapon is referred to as one of the forms of "Aggravated Assault"

    An is defined in Florida by Statute 784.011 as an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.

    It can be charged as an Aggravated Assault under Florida Statute 784.021(1)(a) if the assault was made with a deadly weapon. This is a third degree felony which carries a maximum sentence of five (5) years in prison and up to a $5000 fine.

    The type of weapon alleged to have been used is also quite important, because Florida has specific laws relating to crimes involving firearms. If the deadly weapon used in the aggravated assault was a firearm, then then the offense also carries with it a three (3) year minimum mandatory prison sentence, meaning that if one is convicted, the Judge must sentence the person to at least three (3) years of prison.

  2. Aggravated Assault is a Third Degree Felony scored as a level 6 offense under Florida's Criminal Punishment Code. Assuming he has no priors and the weapon is not a firearm; he would be looking at probation.

    However, a more practical consideration is the witnesses. If you are the only witness against him, then the State would have a "hard" time proving their case. I think you should hire a criminal defense attorney soon.

    There have been numerous cases where i have been able to either get the State to not file charges or to drop teh charges altogether when a person offers testimony such as you.

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