Owning a firearm in Florida is a right, but using it irresponsibly can lead to severe legal consequences. If you’re accused of aggravated assault with a firearm in Tampa or Hillsborough County, you could face felony charges, risking your freedom and future.
If you’re facing these charges, you need an experienced criminal defense lawyer who understands Florida’s firearm laws and can build a strong defense. Metcalf Falls, Criminal Defense Attorneys, P.A., is ready to protect your rights and help you navigate the complex legal system.
Call (813) 258-4800 today for a free consultation.
What is Aggravated Assault with a Firearm in Florida?
Aggravated assault with a firearm is governed by Florida Statute §784.021, which defines the crime as an intentional and unlawful threat to harm someone with a deadly weapon, creating a well-founded fear that violence is imminent. Unlike other assault charges, aggravated assault does not require physical contact; the threat alone can be enough to warrant prosecution.
In Tampa, law enforcement takes firearm-related offenses seriously, and if you are accused of brandishing or using a gun in a threatening manner, you could be arrested and charged with this serious felony.
The prosecution must prove that you intended to threaten another person, had the ability to carry out the threat, and that the alleged victim genuinely feared for their safety.
Our firearms defense lawyers can explain how Florida approaches criminal charges and sentences regarding firearms.
What Are the Penalties for Aggravated Assault with a Firearm?
Aggravated assault with a firearm is a third-degree felony in Florida, punishable by:
- Up to 5 years in prison,
- A fine of up to $5,000, and
- A permanent criminal record.
The penalties can increase depending on the circumstances of the alleged offense. If a firearm was discharged during the incident, the charges could be enhanced, potentially resulting in mandatory minimum prison sentences.
Are there Other Consequences if I’m Convicted?
In Florida, a felony conviction can have long-term consequences, including difficulty finding employment, restrictions on firearm ownership, and a damaged reputation. You can avoid the worst of these by working with one of our firearms defense lawyers.
How Do I Defend Against Aggravated Assault with a Firearm Charges in Florida?
You have the right to defend yourself against criminal charges. At Metcalf Falls, Criminal Defense Attorneys, P.A., our skilled Tampa defense lawyers will explore all possible defenses, including:
Self-Defense or Defense of Others
If you were protecting yourself or another person from imminent harm, Florida’s self-defense laws, including “Stand Your Ground,” may apply to your case.
False Accusations or Mistaken Identity
Many aggravated assault cases arise from misunderstandings or false accusations. Our attorneys will thoroughly investigate your case to uncover inconsistencies and challenge the prosecution’s claims.
Lack of Intent
To be convicted, the prosecution must prove you had the intent to threaten another person with the firearm. If your actions were accidental or misunderstood, we can argue against the intent element of the charges.
Unlawful Search and Seizure
If law enforcement obtained evidence through illegal search and seizure tactics, we can challenge the admissibility of that evidence and potentially have your case dismissed.
Frequently Asked Questions About Aggravated Assault in Florida
What should I do if I’m accused of aggravated assault with a firearm in Tampa?
If you have been accused of this crime, it’s crucial to avoid making any statements to law enforcement without speaking to an attorney first. Anything you say can be used against you, so your best course of action is to contact an experienced criminal defense lawyer who can guide you through the legal process.
Can I be charged if I never fired the gun?
Yes, you can be charged with aggravated assault with a firearm even if you never discharged the weapon. The charge is based on the perceived threat you posed to another person, not whether the gun was actually fired.
Does Florida’s “Stand Your Ground” law apply to my case?
Florida’s self-defense laws, which include “Stand Your Ground” laws, allow people to use force when they believe they are in immediate, legitimate danger. If we can prove you acted in self-defense, we may be able to get the charges dropped.
Will an aggravated assault conviction affect my gun rights?
Yes, a felony conviction could result in the loss of your right to own or carry firearms in Florida.
How long do prosecutors have to file charges?
In Florida, the statute of limitations for aggravated assault is three years, but acting quickly to build a defense is crucial.
Can I negotiate a plea deal?
Depending on the facts of your case, a skilled defense lawyer may be able to negotiate reduced charges or alternatives to jail time.
What if the alleged victim does not want to press charges?
Even if the alleged victim does not want to move forward with the case, the prosecution can still pursue charges against you. The state may decide to proceed with the case based on the evidence they have, which makes it critical to have strong legal representation.
What happens if I was falsely accused?
False accusations can happen, and if you believe you have been wrongfully accused, your attorney can gather evidence, such as witness statements and surveillance footage, to challenge the prosecution’s case.
Why You Need a Tampa Aggravated Assault Lawyer
Being charged with aggravated assault with a firearm in Hillsborough County is a serious matter. Prosecutors aggressively pursue these cases, and a conviction can change your life forever. At Metcalf Falls, Criminal Defense Attorneys, P.A., we provide a strong defense by:
- Investigating the circumstances of your arrest.
- Challenging evidence and witness statements.
- Negotiating with prosecutors to reduce charges.
- Preparing a solid defense strategy for trial.
Why Work With Our Tampa Gun Charge Attorneys?
Avoiding a conviction involving firearms is the best way to protect your freedom. Working with Tampa criminal defense attorney Brett Metcalf gives you the greatest chance of challenging these charges. A firearms conviction could strip you of your rights. Additionally, potential employers, landlords, and financial institutions might view such an offense as violent, making it difficult to secure a job, rent a home, return to school, or qualify for loans.
As a seasoned firearms lawyer, Brett Metcalf brings unique insight from his time as a prosecutor at the State Attorney’s Office. This background allows him to understand prosecutorial strategies, which he now uses to his clients’ advantage in defending against firearms charges.
Since 2012, Brett has worked tirelessly to defend Tampa residents accused of gun-related offenses. From the outset, he strives to have charges reduced or dismissed. If the case proceeds, Brett builds a robust defense, aiming for a pretrial dismissal, an acquittal, or minimized penalties based on the specifics of the situation.
Brett’s dedication has resulted in numerous successes and recognition from prestigious legal organizations. He has been named a Super Lawyers Rising Star in 2018, 2019, and 2020, boasts over 90 five-star reviews, and holds a perfect 10 rating on Avvo.com.
Contact a Tampa Criminal Defense Lawyer Today
If you’re facing aggravated assault with a firearm charges in Tampa, don’t face them alone. Our experienced legal team is here to fight for your rights and work toward the best possible outcome.
Call (813) 258-4800 or fill out our online contact form to schedule your free consultation today.
