How to Get Assault with a Deadly Weapon Charges Dropped
Few criminal charges carry penalties as severe as an assault with a deadly weapon conviction. If you are found guilty, your entire life could be changed.
A weapons and firearm defense attorney can help get your assault with a deadly weapon charge dropped, reduced, or dismissed will be your best opportunity to avoid a haunting criminal record. Here is more about how you can take steps to protect your future and get your assault with a deadly weapon charge dropped as soon as possible.
Understanding Assault with a Deadly Weapon Charges in Florida
There is no official assault with a deadly weapon charge in the state of Florida. Instead, when you are accused of committing assault with a deadly weapon, you can expect to face charges for aggravated assault according to Florida Statutes § 784.021(1)(a).
People can be charged with assault with a deadly weapon even if there are no victims who have suffered physical bodily injury due to the assault in question.
You could also be charged with murder or attempted murder if you have been accused of assault with a deadly weapon, including intent to kill.
However, for the state’s prosecuting attorney to obtain a conviction in your case, they will need to show that the elements of the events have been met. These elements include:
- You made an intentional threat to cause physical bodily injury or violence to another
- The alleged victim in your case believes you could carry out the threat you made
- You committed an act that created imminent fear in another
What Is Considered a Deadly Weapon?
Many different types of weapons could be considered a “deadly weapon” under Florida law. Some examples include:
- Nunchucks or throwing stars
- Brass knuckles
- Firearms
- Explosive devices
- Switchblades
- Spring guns
- Billy clubs
- Paint or nail guns
- Nuclear gasses or waste
- Fireworks
- Steel-toed boots
- Glass bottles, when thrown
- A moving vehicle driven toward police
- Darts from blow guns
These are just a few different weapon types that could be considered deadly under the Florida statute. If another type of weapon was used in your case, and you are unsure whether assault with a deadly weapon charge should apply, do not hesitate to contact a criminal defense attorney for help preparing your defense strategy.
Getting Assault with a Deadly Weapon Charges Dropped or Reduced
If you are hoping to get the assault with a deadly weapon charge against you reduced or dropped, there are several potential defenses you could use to avoid a conviction. Some examples include:
Show the Weapon Was Not Deadly
The prosecutor must show that the elements of the offense have been meant for a conviction to stand. If your criminal defense lawyer can show that the weapon in question should not be considered deadly, the assault with a deadly weapon charge should not apply to you.
Instead, your attorney may be able to get your aggravated assault charges reduced to misdemeanor assault or another-related offense.
Prove Self-Defense
You have the right to protect yourself when someone enters your home or comes onto your property without your permission. If you threaten to cause serious bodily injury or death to someone under threat of your life or physical well-being, you should not be charged with a crime.
Prove Lack of Intent
Although there does not need to be a physical bodily injury for aggravated assault charges to stand, the prosecutor will be working to show that you had the intent to cause physical bodily injury or death when committing the threat in question.
If your attorney can show that you did not intend to commit a physical act of violence, you may be able to get your assault with a deadly weapon charge reduced to a lesser offense.
If there is no physical action, you should not be convicted of a criminal offense in the state of Florida for assault with a deadly weapon. Your attorney may also need to show that the alleged victim in your case was not afraid or in fear of their life or physical well-being at the time of the alleged event.
Get Help from a Criminal Defense Lawyer in Hillsborough Today
Metcalf Falls, Criminal Defense Attorneys, P.A., is here to help you after you have been charged with assault with a deadly weapon.
You can take steps to prepare a compelling defense strategy and protect your future when you contact a reputable Hillsborough criminal defense attorney at our firm. Call us at 813-258-4800 or fill out our secure contact form to schedule your confidential case review as soon as today.