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Aggravated Assault With A Firearm

Despite the Stand Your Ground law and the Second Amendment protections for your right to firearms, there are still a lot of ways a gun can get you arrested. A simple argument that grows heated can turn from a private family matter to an aggravated assault with a firearm charge if a gun is involved. If you’ve been charged with a gun crime, Kissimmee defense attorney Will Hanlon will fight for you.


What is Aggravated Assault with a Firearm?


To understand what aggravated assault with a firearm is, there are a few components to break down. 


The first is ‘assault.’ Despite the common belief that assault involves a physical attack where someone is injured, assault as a legal term refers to any incident in which one person threatens to cause another person harm. This threat can be conveyed verbally or physically, but must be to the extent that the alleged victim reasonably assumes they are in danger. Assault graduates to aggravated assault when the aggressor physically makes a move to cause the alleged victim harm, regardless of whether or not any harm actually occurs. 


Aggravated assault with a firearm, then, is any incident in which one person threatens or attempts to cause another person harm where a firearm is involved, to the extent that the alleged victim can reasonably assume they are in immediate danger. 


It’s important to note that the firearm need not be discharged for this kind of charge to stick, as the threat of discharge is ever-present when a firearm is present. In fact, the firearm doesn’t even need to be loaded; after all, the alleged victim has no reason to suspect that the gun being waved in their face isn’t loaded, and so they can reasonably assume they’re in danger. 


How to Defend Against Aggravated Assault with a Firearm Charges


To secure a conviction in an aggravated assault with a firearm case, the prosecution must be able to prove the following: 


  • You knowingly and intentionally threatened to cause harm or do violence against the alleged victim
  • You appeared capable of carrying out that threat at the time the threat was made
  • The alleged victim reasonably feared they were in danger of imminent violence
  • A firearm was involved in the commission of the crime


It’s important to note that the prosecution need only prove you intended to threaten harm, not that you intended to cause harm. Whether or not you ever actually intended to fire the gun or attack the alleged victim, just intending to threaten them qualifies as aggravated assault. 


Intent can be difficult to prove, but when a firearm is involved, both the prosecution and any judge and jury can reasonably assume that you intended to threaten violence. After all, why would you wave a gun around if you weren’t trying to scare the alleged victim? 


Similarly, your capability of carrying out your threats is difficult to contest when a firearm is involved – if you were capable of holding the gun, you are almost certainly capable of pulling the trigger. 


The alleged victim’s reasonable fear of imminent harm is also almost a given in these kinds of cases, as the presence of a firearm is generally deemed sufficient for someone to assume they are in imminent danger. And of course, the presence of a firearm in general is required for an aggravated assault incident to be charged as aggravated assault with a firearm, which means there must be some form of proof other than the alleged victim’s word that a firearm was involved. 


What Are the Consequences for Aggravated Assault with a Firearm?


Aggravated assault with a firearm is charged as a third-degree felony. As such, it is punishable by up to 5 years in prison (or 5 years of probation, or a combination of the two), along with a $5,000 fine. For first-time offenders, you may not see jail time nearly so long, but if you have other prior convictions, you may be sentenced to the maximum the law allows. 


Kissimmee Criminal Defense Lawyers 


Despite such harsh consequences, all hope is not lost. An experienced Kissimmee defense attorney will be able to advise you on the best possible defense to take. Will Hanlon has been defending the accused since 1994. The legal team at Hanlon Law will work tirelessly on your case and advocate aggressively on your behalf to help you secure the best possible outcome. Contact Hanlon Law today to schedule a free consultation.

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