Okaloosa County Aggravated Assault Attorney
If you have been arrested for Aggravated Assault in Okaloosa County, you have already taken the first step to protecting your future by reading this webpage. The next step you take will make a huge difference in the outcome of your case. You have three choices:
- Attempt to defend yourself,
- Go with the public defender, or
- Hire an experienced Okaloosa County Aggravated Assault attorney who can tell you what to expect and plan a defense strategy to keep you out of jail and keep a felony conviction off your record.
When you look at those three options, the best choice is clear. Going into court with an attorney YOU have chosen, instead of one randomly assigned to you, is your best option. It will be up to you to decide whether which attorney to hire.
My name is Tim Flaherty. I’ve been a criminal defense lawyer in Okaloosa County since 2001. This is the only area of law I have ever practiced. I invite you to call Flaherty Defense Firm, 24/7, at (850) 243-6097 to schedule a free consultation.
Florida Law: Aggravated Assault
To explain the definition of Aggravated Assault, it is important to understand the meaning of assault. Florida law defines assault 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.”
Assault is a first degree misdemeanor.
If a deadly weapon was used while making the threat, the charges are elevated to Aggravated Assault. Florida Statute 784.021 defines Aggravated Assault as:
“an aggravated assault is an assault with a deadly weapon without intent to kill, or with an intent to commit a felony.”
Aggravated Assault in Okaloosa County is classified as a third degree felony, meaning you are facing up to 5 years in prison.
Aggravated Assault: The Elements
There are four elements that the State must prove in order to convict you of Aggravated Assault:
- The defendant intentionally and unlawfully threatened, either by word or act, to do violence to another person;
- At the time of the assault, the defendant appeared to have the ability to carry out the threat;
- The act of the defendant created in the mind of the victim a well-founded fear that the violence was about to take place; and
- The assault was made with a deadly weapon.
Defending an Aggravated Assault charge in Okaloosa County
It is important to have a proactive, dedicated advocate on your side to ensure that the prosecuting attorney cannot prove the necessary elements to convict you of Aggravated Assault. I have years of specialized experience and training doing that very thing. In many cases, the reputation of your attorney plays a large part in the overall outcome of your case. The State Attorney’s Office knows that I am not afraid to go to trial and they also know my track record of winning. Although no two cases are exactly the same, I investigate every aspect of each case to ensure my clients get the results they need to move on with their lives.
Here are a few ways I will try to resolve your Okaloosa County aggravated case:
- Convince the prosecutor to dismiss the case.
- Negotiate entry into a diversion program such as Pretrial Intervention.
- Settle the case for a plea to a lesser misdemeanor charge.
- Plea to a probation sentence with a withhold of adjudication which keeps a felony conviction off your record.
- Prepare the case for trial from day one and be ready to fight it all the way through trial.
Every case is different, but I have been doing this long enough to know what moves to make, and just as important, what moves not to make. If you trust me with your case, you will be in very good hands.
Call me today to discuss how I can help get you through this stressful time. If you have been arrested for Aggravated Assault in Okaloosa County, I am available by phone 24/7 at (850) 243-6097, or you may reach me electronically by filling out a contact form.
To learn more about other assault and battery cases I handle, click here.